If you pursue a personal injury case, you will probably need to prove that the at-fault party was negligent. Negligence means failing to act with the amount of care and caution that a reasonable person would in the same or similar circumstances. To succeed in your negligence claim, you must prove the following four elements:
- The defendant owed you a duty of care. In most cases, one owes others a duty to act reasonably under the circumstances.
- The defendant breached the duty of care. This usually means showing that the defendant acted unreasonably.
- You suffered damages. These include physical and psychological injuries.
- Causation. Your damages were caused by the defendant’s actions.
As you can see, damages are an essential part of your case, and you cannot recover compensation unless you have successfully proven the damages. To successfully prove each element, you must present evidence showing that your claim or the facts you allege are more likely than not true.
