At Kearney Law, we understand that personal injury cases can feel overwhelming. One of the most critical aspects of these claims is proving negligence. This process determines whether the responsible party failed to uphold their duty of care, leading to your injury. Below, we break down the essential steps involved in proving negligence, so you know what to expect.
1. Establishing Duty of Care
The first step is to show that the defendant owed a duty of care to the injured party. This means the defendant had an obligation to act in a way that would prevent harm. For example, drivers have a duty to operate vehicles safely to avoid injuring others.
2. Demonstrating Breach of Duty
Once duty is established, the claimant must prove that the defendant breached that duty. A breach occurs when the defendant’s actions fall below the standard of care expected in the situation. This could involve reckless behaviour, ignoring safety protocols, or failing to act when required.
3. Linking Causation
Causation connects the breach of duty to the injury. Two elements are considered:
- Cause in fact: The injury would not have occurred “but for” the defendant’s actions.
- Proximate cause: The harm was a foreseeable result of the defendant’s conduct.
Without clear causation, even a proven breach may not lead to liability.
4. Proving Damages
Finally, the claimant must show actual damages resulting from the injury. These can include:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage
Documented evidence such as medical records, bills, and expert testimony often supports this step.
Conclusion
Proving negligence requires satisfying all four elements: duty, breach, causation, and damages. Missing any one of these can weaken or invalidate a claim. At Kearney Law, our experienced personal injury lawyers have the resources to guide you through this process and fight for the compensation you deserve. If you’ve been injured and believe negligence was involved, contact us today for a consultation.