Understanding Negligence in Personal Injury Cases
When it comes to personal injury law, one of the most common causes of action is negligence. But what does that really mean? In this post, we’ll break down the definition of negligence and what needs to be proven to win a negligence case in California.
What is Negligence?
Negligence occurs when someone fails to exercise the standard of care that a reasonably careful person would have used in a similar situation. This lack of care results in harm or injury to another person. Think about a scenario where someone is driving and fails to stop at a red light, causing a collision. Here, the driver's negligence led to injuries, making them liable for damages.
Proving Negligence: Key Elements
To successfully prove negligence, a plaintiff must establish four essential elements:
1. Duty: The defendant must have owed a duty of care to the plaintiff. This means they had an obligation to act in a way that would not cause harm to others.
2. Breach: The plaintiff must show that the defendant failed to uphold that duty of care. This breach can be an action taken or a failure to act.
3. Causation: The plaintiff needs to prove that the breach directly caused their injury. In California, the “substantial factor” test is often used, which states that the defendant’s actions were a substantial factor in causing the injury.
4. Damages: Finally, the plaintiff must demonstrate that they suffered actual harm or damages as a result of the breach. This could include medical bills, lost wages, pain and suffering, and more.
A Real-World Example
Let's say Jane was walking across the street on a crosswalk when a driver, distracted by their phone, sped through a red light and struck her. In this scenario:
- The driver had a duty to obey traffic signals and yield to pedestrians.
- By running the red light, the driver breached that duty.
- The impact of the vehicle directly caused Jane’s injuries, fulfilling the causation element.
- Jane can now seek damages for her medical bills and lost wages due to her injuries.
In this case, all four elements of negligence were satisfied, giving Jane a solid foundation to pursue her claim.
Reasons to Consult with Legal Experts
Navigating a negligence claim can be complicated, especially as you try to gather evidence and prove these crucial elements. Having an experienced attorney can help you understand your rights and represent your interests in these matters.
If you have sustained injuries due to someone else's negligence, reach out to Goldfaden Benson to discuss your options. Our San Diego based team is here to help guide you through the process and fight for your rights.
Understanding how negligence is proven can be the key to knowing your rights after an injury. Did this post clarify some aspects of negligence for you? If you have more questions, contact us today to learn more.
