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How do I prove that someone was to blame for my injury?

If an injury occurred and you think that a person or business was to blame, you will most likely want to make a claim for negligence. In order to prove negligence, you must make sure that all of the elements are true. These elements are vital to ensure that your case will be successful in court.

This blog will serve as a brief overview into negligence claims and what facts need to be present if a case is going to be successful in court.

Duty

In order for a claim to be successful, it must be shown that the person or business that is being blamed for the injury had some type of duty that needed to be fulfilled.

Breach of duty

It must also be shown that this duty that needed to be fulfilled towards you was breached. A duty can be breached if the defendant fails to exercise the reasonable amount of care that was needed in the situation.

Cause in fact

Typically, you must also prove that specifically because of this duty being breached, the accident was caused.

Proximate cause

Proximate cause is whether the defendant could have foreseen the outcome of his or her negligence beforehand. If the accident was out of scope, they have a lesser degree of responsibility for the negligence.

Damages

You must prove that damages in the form of physical pain or suffering were caused as a result of the incident. If all of these elements can be satisfied, it is likely that a negligence claim will be successful.

If you have been injured because of the negligence of another person,, you have a right to seek compensation. An experienced attorney can help you learn more about this legal option.

Source: FindLaw, "Elements of a negligence case," accessed Aug. 18, 2017

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