March 25, 2013
Last week we talked about how solid evidence affects weather an attorney will take your accident case. This week we’ll talk more about the elements of a successful personal injury case.
Elements of a Negligence Claim
Most civil lawsuits seeking damages are based on negligence law, yet few lay people know the legal meaning of negligence or the importance of this legal principal.
Lawyers learn in law school that the elements of a negligence claim are:
- Duty
- Breach of the duty
- Causation, and
- Damages
Jurors are instructed that negligence is the breach of the duty to exercise reasonable care, which causes damages to the plaintiff. Therefore, for the plaintiff to prevail on his negligence case he must have solid evidence that the defendant breached a legal duty (duty to act with reasonable care) and that the breach actually caused the damages which the plaintiff complains.
Sometimes the duty to act with reasonable care is measured with a bright line standard; driving over the posted speed limit is a violation of a traffic law and as a matter of law the defendants conduct was “unreasonable” or negligent conduct. But, more often than not, whether the defendants conduct is deemed “negligent” depends on a jury’s subjective decision rendered after considering the evidence presented during a trial.
Most of us are exposed to some negligence conduct regularly, (i.e. the “idiot” speeding past in the right lane), but negligent conduct is only compensable if it actually was a cause of damages suffered by the plaintiff. So, if the wild driver drives through a school zone at 100 miles an hour during school, but does not hit a child or otherwise cause damage, this is not a good case because the negligence did not cause any damage.
For damage to be compensable, there must be a significant adverse effect on the injured person’s life. Even if there is some minor physical harm and emotional distress over the defendant’s conduct, the plaintiff will not be compensated in a significant way unless the defendants conduct seriously disrupts the plaintiff’s life. For example, a plaintiff who suffers broken bones, an extended stay in the hospital, tens of thousands of dollars in medical expenses and wage loss and is facing future medical treatment as well as physical and emotional pain and suffering for the rest of their days, has a serious damage case. Conversely, a person who may have been in the same accident, but suffered insignificant injuries will have little or no damages to be proven.
Check in next week for the last part of our series on what makes a successful accident case.