How to Prove Negligence After an Accident

Many accidents are caused by more than simple bad luck. Some are caused by the negligence, or carelessness, of another person or entity. In these cases, you may be able to file a personal injury claim against the negligent party to recover compensation for your medical expenses, lost wages, pain and suffering, and more. To recover the full damages you are entitled to, you must prove that your injuries were caused by someone else’s negligence. Below, our Tampa personal injury lawyer explains how to do it.

Preserve Evidence

All strong injury claims are supported by extensive evidence. This can include photos of the accident scene and your injuries, the names and contact information of witnesses, medical records, and other details. The evidence you need will depend on the type of accident you were in and how you sustained injuries. An attorney can review the facts of your case and determine what types of evidence to collect.

Establish a Duty of Care

A duty of care in personal injury cases refers to the obligation the negligent party had to act in a reasonable manner so no one became hurt. Establishing a duty of care is easier in some cases than others.

For example, all drivers have a duty to operate their vehicle in a reasonable manner so they do not cause a crash. Other times, though, establishing a duty of care is not as easy. For instance, if you were injured due to an open and obvious danger on someone else’s property, they may not have a duty of care because you should have noticed the risk. Determining whether someone owed you a duty of care depends entirely on the facts of your case.

Establish a Breach of Duty

After determining that the negligent party owed you a duty of care, you must then show that the duty was breached. This involves proving the negligent act that caused your injuries. Many people find that this is the most difficult element to prove in personal injury cases. Driving while distracted, failing to correct hazards on a premises, and negligently hiring truck drivers are just a few of the most common examples of breaches of duty.

Link the Breach to the Accident

Proving that a person acted negligently is not enough when filing a personal injury claim. You must also show that the breach caused the accident. For example, a driver may run a stop sign. While against the law, there is no personal injury claim if no one became hurt as a result. On the other hand, if they ran the stop sign and crashed into your car, they can then be held liable for paying damages if you suffered serious injuries.

Prove Damages

Personal injury cases are meant to compensate accident victims for the losses they suffered due to someone else’s negligence. If you did not suffer losses, or damages, there is nothing to compensate you for and so, there is no personal injury claim.

Our Personal Injury Lawyer in Tampa Can Prove Your Case

Proving negligence is never easy. At Moore Law, our Tampa personal injury lawyer can advise on the evidence necessary to prove your case and establish all elements so you obtain the full and fair settlement you deserve. Call us today at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.