At the heart of almost every car accident case is the concept of negligence. In order to recover for your losses, you must prove that another party acted negligently in some way to cause your injuries. The following are the different elements of negligence you must show in order to prevail in a car accident case:
- The person had a duty of care – “Duty of care”1 refers to the legal obligation that a party has to act with a certain degree of care in a particular situation. For example, all drivers have the duty to drive in a reasonably safe manner, all property owners have the duty to keep their property in reasonably safe condition and free from dangerous conditions, and manufacturers have the duty to design and sell products that are safe for their intended use.
- Breach of that duty – You must demonstrate that your injury was caused because the other party failed to act in line with their required duty of care. For instance, a driver operating a vehicle while impaired or distracted would constitute a breach of their duty of care.
- Causation – You must show that there was a causal connection between the party’s breach of duty and your injuries. If you claim that you suffered a neck injury because of a slip and fall accident, you must be able to demonstrate that your injury actually occurred because of the fall and not due to another incident.
- Damages – “Damages”2 is the legal term for the compensation you seek for your injury-related losses. Damages can include medical bills, income lost due to missed work, and much more. You must present evidence proving your losses in order to recover. You may also show evidence of estimated future losses by having a medical professional testify to the necessary future treatment you will require or by having a financial expert testify regarding future lost benefits and wages.
If you have been injured in a car accident and you believe another party was negligent, please do not hesitate to call the law office of The Bruning Law Firm at 314-735-8100 for a free consultation today.
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If you or someone you care about has been seriously injured in an auto accident, contact The Bruning Law Firm today. We provide the comprehensive, professional legal representation you deserve at a time when you need it most.
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