So, how do attorneys establish what a reasonable person would do in a situation and then compare a defendant’s behavior to prove a negligence claim? To create a standard for proving negligence, courts have broken down the concept of negligence into four different components or “elements.” To prove negligence in a personal injury case, an attorney must prove each of these four elements.

• Element #1: Duty of Care (Also Called Standard of Care)
  

  First, to prove negligence in a civil case, you have to show that the defendant had a duty of care toward you, the injured party. A duty of care means an obligation to act with a certain degree of reasonable caution and good sense. This element is usually the simplest to prove since our laws already establish a duty of care in many situations.

  • Example of duty of care: All drivers have a duty to exercise care toward others on the road, including other drivers, cyclists, and pedestrians. Every driver has to obey traffic laws and drive in a way that’s not reckless or dangerous.

• Element #2: Breach of Duty
  

  Once you’ve proved the defendant owed you a legal duty of care, you’ll need to show that the defendant “breached” that duty by failing to behave with reasonable care.

  • Example of breach of duty: Jane runs through a red light while driving, which violates her duty to obey traffic laws and avoid putting others in danger.

If you can prove the two elements of negligence we’ve listed so far, then you’ve established liability and proven that the defendant is legally responsible for the consequences of their actions. Sometimes, the defendant even admits they breached the duty of care and accepts liability. But even when the defendant accepts liability, they and their attorney can still dispute the next two elements of negligence.

• • Element #3: Causation
    

    Once you prove the defendant violated their duty of care, you’ll need to show that their reckless actions led to the injuries or harm you’ve suffered. This connection between their actions and your injuries is called causation.

    Not all types of causation are created equal in the eyes of the law. The defendant’s negligent action can’t just be a loosely related cause of your injuries. Instead, the relationship needs to be what courts call a “proximate cause,” which is a fairly direct cause.

    So, if a drunk driver crashes into your vehicle and injures you, that’s a direct cause. But if the drunk driver instead hits the curb and scares a cat, the cat runs into traffic, and a second driver swerves to avoid the cat and hits you, you probably won’t have a valid personal injury claim against the drunk driver who hit the curb and scared the cat. Even though the drunk driver technically caused your injuries, the cause wasn’t direct.

    To prove causation, your lawyer may also need to hire additional expert witnesses, like doctors who can testify that your injuries resulted from the defendant’s actions and not from anything else.

    • Example of causation: When Jane runs through the red light, she causes a crash that leaves a victim, Sue, with severe injuries that include a broken hip and cracked ribs. Sue requires emergency surgery and months of follow-up medical treatment, leaving her with tens of thousands of dollars in medical bills and lost wages. Doctors testify that Sue was in good health before the crash and wouldn’t have needed treatment for the hip and rib injuries if the crash hadn’t happened.

• Element #4: Damages
  

  Once you’ve proved that the defendant’s negligent actions caused your injuries, there’s one last step: you’ll need to show that the defendant’s actions caused you real harm and then translate that harm to an amount of money.

  This might sound simple, but it’s often the most complicated part of proving negligence. Your lawyer will need to not only show all the different types of harm you’ve suffered but also translate each type of harm into dollar amounts, which are called damages. The total damages in your case should represent all the monetary losses, pain, and suffering you’ve experienced because of your injuries.

  To prove damages, your lawyer will need to provide lots of evidence. Examples of evidence that can help prove damages are medical bills from your treatment, pay stubs to prove lost wages, and testimony from experts about how your injuries will affect your career and your ability to work.

  • Example of damages: Sue’s attorney uses medical bills and medical records as well as testimony from experts to show that the damages in Sue’s case equal $50,000.

Even if you understand how negligence works, proving all four elements in court isn’t easy. The insurance company and their legal team will do everything they can to undermine your claim and raise defenses against your arguments. If the other side can create doubt about any one of the four critical elements of negligence, you’ll lose your case. That’s why you should always work with an experienced personal injury lawyer when you’re trying to hold someone responsible for injuring you or someone you love.