In personal injury law, proof of negligence must be established for a victim to collect compensation. While negligence may seem like a straightforward concept, there are four elements that compromise the legal definition of the word, and each of these components must be proven. Below, learn more about this essential facet of personal injury cases.

How Do You Prove Negligence in a Personal Injury Claim?

1. A Duty of Care

The first step to proving negligence is establishing a relationship between the two parties—namely, that one party had a duty to avoid causing harm to the other party. In most cases, this is an unspoken but implicit relationship. For example, a restaurant owner has a duty to provide a safe environment for diners; a driver has a duty to operate a motor vehicle safely and within the bounds of the law; and a manufacturer has a duty to design and produce safe consumer products.

2. A Violation of Duty of Care

The second element of negligence is a violation of the duty discussed above. One party must have neglected their responsibility in providing a duty of care. To use the example of the restaurant owner: If a spill goes untended on the floor and a diner slips and falls because of it, the owner could be found to have violated their duty of care. Or, if a driver runs a red light and injures a pedestrian, the driver has  breached their duty, as has a product manufacturer who develops and sells goods that are dangerous.

3. The Violation Caused Injuries

Next, it must be proved that the breach of duty directly resulted in the victim's injuries for negligence to be established. In personal injury law, this is called proximate cause. Proximate cause is the foreseeable and logical result of the other party's negligence.

4. Damages Are Verifiable

The victim must have verifiable damages stemming from their injuries. Damages include costs like medical bills, the expense of ongoing medical care, and reimbursement for time off work during recovery. But damages can take less obvious forms as well, such as pain, suffering, and emotional distress.

If you need help establishing negligence to file a personal injury claim, the attorneys at Neimark & Neimark can help. They have more than 40 years' experience serving clients in the Rockland and Orange County, NY, areas. They represent all types of injury cases, including car accidents, workers' compensation claims, and medical malpractice incidents. Call (888) 725-7424 or visit them online to schedule a free consultation.