Elements of a Negligence Case

For a plaintiff to win a negligence lawsuit after an auto accident, they must prove all the "elements." One of the elements of negligence is "damages," meaning the plaintiff must have suffered injuries or loss for the defendant to be held liable. Even if you can prove that the defendant was negligent, you may not be successful in your negligence claim lawsuit if that negligence caused you no harm.

Juries are instructed to consider the facts, testimony, and evidence in determining whether the following elements were satisfied:

1. Duty
2. Breach of Duty
3. Cause in Fact
4. Proximate Cause
5. Damages

These elements of a negligence case are explained in greater detail below.

Duty of Care

The outcome of a negligence case depends on whether the defendant owed a duty of care to the plaintiff. A duty arises when the law recognizes a relationship between the defendant and the plaintiff, requiring the defendant to act in a certain manner. A judge ordinarily determines whether a defendant owes a duty of care to a plaintiff.

In a personal injury case involving a motor vehicle, every driver has a duty to follow traffic laws to avoid accidents and keep others safe. For instance, motorists are expected to obey traffic signals such as a red light. If a driver fails to stop at a red light, they have not adhered to their duty of care.

In a personal injury case involving a motor vehicle, every driver has a duty to follow traffic laws to avoid accidents and keep others safe. For instance, motorists are expected to obey traffic signals such as a red light. If a driver fails to stop at a red light, they have not adhered to their duty of care.

In this example, the at-fault driver had a duty to stop at a red light as per traffic laws, which shows regard for other motorists and pedestrians. However, the responsibilities in the aftermath of a traffic accident don't stop at the driver's actions alone.

Insurance companies play a crucial role in these scenarios. Their duty, quite distinct from the driver's duty of care on the road, involves the fair and prompt investigation of accident claims.

It is their obligation to handle these claims within the legal and contractual bounds established, providing the necessary coverage and compensation dictated by the specifics of the insurance policy. This duty to their policyholders—although not directly related to the driver's duty of care on the road—forms another critical aspect of personal injury cases stemming from motor vehicle accidents.

Breach of Duty of Care

It's not enough for a person to prove that another person owes them a duty. A personal injury lawyer must also prove that the negligent party breached their duty to the other person.

A defendant breaches such a duty by failing to exercise reasonable care. The issue of whether a defendant breached a duty of care is decided by a jury as a question of fact.

In the example above, the at-fault driver did not stop at the red light, breaching the duty of care owed to other road users.

Now, let's consider the role of insurance companies separately. Insurance companies have their own duties and responsibilities in the event of an accident. They are required to investigate accident claims promptly and fairly, adhering to the contractual obligations of the insurance policy.

If insurance companies do not conduct a proper investigation or unjustly deny a claim, they could be breaching their duty. This improper conduct might result in a separate legal issue known as "bad faith" insurance practices. A claimant might then have a separate cause of action against the insurance company.

Cause in Fact of the Injury

Under the traditional rules of legal duty in negligence cases, a plaintiff must prove that the defendant's actions were the actual cause of the plaintiff's injury. This is often referred to as "but-for" causation, meaning that, but for the defendant's actions, the plaintiff's injury would not have occurred.

For example, say that the at-fault driver running the red light led to a rear-end collision with another vehicle. The rear-end collision is a direct result of the at-fault driver's actions. Any injuries sustained by the victim can be attributed to the accident. If the victim has medical records that prove they needed medical treatment because of the accident, this further solidifies the case.

Proximate Cause of Harm

Proximate cause relates to the scope of a defendant's responsibility in a negligence case. A defendant in a negligence case is only responsible for those harms that the defendant could have reasonably foreseen through their actions. If a defendant has caused damages that are outside of the scope of the risks that the defendant could have foreseen, then the plaintiff cannot prove that the defendant's actions were the proximate cause of the plaintiff's damages.

In our example above, it's foreseeable that running a red light could result in an accident. Therefore, the at-fault driver should have been aware that their actions could cause harm. The victim's medical expenses are a direct, reasonably foreseeable result of the accident caused by the at-fault driver's actions. Thus, the proximate cause of the plaintiff's injuries is established.

Damages

A plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or property damage, like a car in a car accident.

It's not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care. The personal injury claim must be brought to court within the appropriate time frame.

In our example, after the accident, the victim required medical treatment for their injuries, had to take time off work, and experienced pain and suffering. All these factors contributed to their damages. Their vehicle was also damaged, requiring repairs or replacement. The medical expenses, coupled with the loss of income and vehicle repairs, satisfy the damages element in the negligence claim.

Get Legal Advice From a Car Accident Attorney

It takes a skilled lawyer to make a compelling car accident claim and ultimately win.

A skilled car accident lawyer will understand:

• Which evidence will make or break your car accident case
• How to properly calculate damages for things like emotional distress and medical bills
• How to negotiate a settlement

Accident victims can get started today by reaching out to a local law firm with personal injury attorneys.