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How to prove negligence in a personal injury lawsuit

How to prove negligence in a personal injury lawsuit

How Do You Prove Negligence in a Personal Injury Lawsuit?

In this article by Bucks County injury attorney Paul R. Weber, I summarize the elements that join together to define negligence and build a case for a personal injury lawsuit. 

Were you injured? 

To have a personal injury lawsuit, it needs to be provable that you are injured and that you have suffered physically.  As well, you may have suffered psychologically and financially, exacerbating the suffering. 

Are you a victim? 

An injury may become a personal injury legal matter if someone else was involved in the cause of your injury such that, if that other person or entity had not acted (or failed to act) in the way that they did, your injury would not have occurred. 

Was the perpetrator acting with negligence? 

To have a personal injury legal case, your attorney must do more than prove that the actions or inactions of another led to your injury and suffering.  Those actions must also be considered negligence - failing to take reasonable care to avoid causing injury or loss to another person.  If the actions of the person or entity causing the injury can be deemed negligence, then you likely have sufficient grounds for a personal injury case. 

Proving negligence 

To prove negligence, your attorney must show that there was—

  • A duty of care— the defendant had a duty to act in a way that a reasonable person would act.
  • A breach of that duty—the defendant acted, or failed to act, in that reasonable manner.
  • A factual and legal causal connection—the defendant’s actions or inactions were the cause of your loss or damages.
  • A resulting harm—you, the plaintiff, were harmed as a result of the defendant’s actions or omission.

If you are still unclear if your injuries from an incident or accident amount to a case against another party for negligence, speak with an experienced accident attorney. Contact Paul R. Weber to discuss your case. 

Law Office of Paul R. Weber 

One Oxford Valley, Suite 155 

Langhorne, PA 19047 

Phone: 215-752-7676