How Negligence is Determined in a Personal Injury Case

The legal principle of negligence in any personal injury case is based on the failure to take proper care that causes harm to a person.

In the following article, we will understand how negligence is determined in a personal injury case, its key elements, and the process involved.

Negligence in a Personal Injury Case: Fundamental Elements

Duty of Care: The main thing is to determine whether the defendant owed a duty of care to the injured party. This involves acting with reasonable caution to prevent harm to others.

Breach: It must be established that the defendant was negligent or reckless and did not comply with established standards, thereby breaching his or her duty of care.

Cause and Consequence Relationship: The direct connection between the negligent conduct and the damages suffered by the victim must be demonstrated, without the intervention of significant external factors.

Compensable Damages: The last thing that must be proven is that the victim suffered actual damages, whether physical, emotional or financial, such as medical expenses, loss of income, pain and suffering, among others.

The elements that demonstrate negligence are varied and can be of different nature. These include testimonies from impartial witnesses present during the accident, records, photographs, videos, police and medical reports, and expert opinions that can establish a cause-consequence relationship.

Your best option is to always seek specialized legal advice to handle your case. An experienced team will be able to help you prove the other person’s negligence and present compelling evidence to win your case and obtain fair compensation that covers all expenses caused and derived from the accident.

Your lawyer will know how to negotiate with insurers who often want to pay you as little as possible and will enforce your rights through solid evidence. Do not hesitate to contact us; At J&Y, we have a bilingual team always ready to help you with your personal injury case.

About the Author

Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.