In everyday life, the connotation of the word negligence is nothing but recklessness. In legal form it defines a situation in which a person fails to act in a careful manner which the person as a reasonable man should act and that results in somebody else suffering injury or damage of properties. Claim of negligence is the most standard form of personal injury lawsuit in the country. However, it is always complex to interpret negligence in a personal injury case as it involves a comprehensive legal examination of the elements of negligence in relation to scenarios involved in a particular case.
In the majority of the claims that come up from injuries or accidents, negligence is the substance for holding an individual or entity legally responsible. So, for winning a claim for negligence, the claimant must prove all the elements (duty, breach, causation, damages) of negligence in the case. The plaintiff must present sufficient testimony, facts and evidence in support of their case to help the court determine that the elements are satisfied.
For example, to prove the element damages, the plaintiff must have suffered injuries, loss, etc. as a result of the defendant’s breach of duty. If a plaintiff does not suffer any injury, the defendant cannot be held liable or sued for negligence. Even if the plaintiff is able to prove that the defendant was negligent, it may not be effective in their negligence lawsuit if that negligence by the defendant caused the plaintiff no harm.
If you or a family member has suffered injury due to negligence of someone else’s breach and if you are going through the burden of bitter hospital bills and lost wages, a possible legal claim may be worth pursuing in the case. However, the results of injury cases hang on a number of things. Although all the elements of a negligence case seem to be in your favor, taking the help of a lawyer who may correctly file your case following the requisite procedures make a big difference to the case.