By: Personal injury litigation is perhaps the single largest area of law practiced in the United States. Also known as tort law, personal injury litigation can encompass an almost unlimited number of situations that arise when a victim is injured as the result of another person’s negligence, reckless, or wrongful actions. This can include everything from drunk driving accidents; to slip, trip and fall accidents; dog bites, bike, truck and boating accidents; and premises liability cases among many others.
While each case is different, virtually all cases are won by proving negligence on the part of the defendant.
How to Prove Negligence Took Place in a Personal Injury Case
Holding a person or a company legally responsible for their actions in a personal injury case involves the concept of proving they were negligent. To win any personal injury litigation in Los Angeles and other cities across California, a personal injury attorney must prove four elements existed to meet the standard of negligence.
- Duty. The defendant owed the plaintiff a legal duty to not be negligent. e. it is negligent to drive drunk.
- Breach. The defendant breached their duty because they acted a certain way. i.e. the defendant drove while they were drunk.
- Causation. The defendant’s actions caused the plaintiff’s injuries. i.e. the drunk driver ran into the plaintiff causing injuries.
- Damages. There were actual damages or injuries as a result of the defendant’s actions. e. because of the accident, the plaintiff sustained medical bills, lost wages, pain and suffering, and other possible losses.
Once these elements are proven, it clears the way for both sides to attempt to negotiate a financial settlement based on the facts of the case. This will generally involve lots of give and take, and in more than 90% of all cases, an agreement can be reached without going to trial.
Roberts Law Firm serves clients in the California cities of Newport Beach, Orange, Santa Ana, Irvine, Anaheim, and Riverside as well as serving clients throughout Los Angeles, Orange, and Riverside counties.