One of the key elements of winning a personal injury case is proving negligence. In order to demonstrate that quality in the eyes of the court, four elements need to be showcased: duty of care, breach of duty, causation, and damages. Here's a closer look at what each component involves. 

4 Elements of a Personal Injury Case

1. Duty of Care

The first step is proving that the other party involved had an obligation to keep another person safe or away from danger. For example, businesses need to provide employees with the correct safety equipment. The laws regarding duty of care vary by situation and industry, so you need to demonstrate how the legal requirements extend to the specific circumstances. 

2. Breach of Duty

For negligence to be a factor in a personal injury case, you need to prove that the other party failed to meet their required duty. For example, if a driver runs a stop sign and causes an auto accident, they've breached the duty of care. Witness statements and surveillance photographs or videos can be used to showcase this point. 

3. Causation

The term "causation" refers to proving that the other parties actions directly resulted in your injuries. In many personal injury cases, successfully demonstrating both duty of care and breach of duty satisfies the causation element. However, the defendant may counter those claims by suggesting that the blame is shared between both of you. In such situations, extra steps are required to show they're the sole cause.  

4. Damages

The final step involved in a negligent claim is highlighting losses. When injuries are involved, this quality is usually shown through medical bills and lost wages. The cost of repairs or replacement for property damage may also be included. To request compensation for these issues, you need to provide official documentation, like invoices. 

If you sustained an injury due to someone else's negligence, reach out to Coyne, Cundiff & Hillemann, P.C. in Lake St. Louis, MO. Boasting over 75 years of combined experience, the local attorneys provide personalized legal assistance to residents across St. Charles County. From personal injury to family law, the team is committed to fighting for the rights of their clients. Review their case styles online and request a free consultation today at (636) 561-5599.