Establishing Negligence In A Personal Injury Claim

husband in a neck brace looking over a document with wife

Whether someone has been hurt in a car crash or slip and fall accident, the basis for holding an individual or entity liable for harm or injury falls under the legal concept of negligence. Establishing negligence in a personal injury claim is a multifaceted endeavor that requires the knowledge and experience of seasoned attorneys. At Thomas, Conrad & Conrad, our personal injury lawyers know what it takes to establish negligence and are committed to helping clients understand their rights under the law.

Elements Of Establishing Negligence

Personal injury is typically considered a tort claim, which falls under civil law. A tort is an intentional or unintentional wrongdoing that causes someone to suffer injury, harm, or loss. The person or entity responsible for a tortious act might be legally liable for any harm they cause. However, in any personal injury case, you must establish negligence to achieve a successful outcome. The elements of proving negligence in a personal injury claim include:

Duty of Care: The first step in establishing negligence in a personal injury claim is to show that the person or entity had a duty of care in the setting or circumstances that caused the injury. For example, in a slip and fall case, a property or business owner has a duty of care to keep their premises safe from hazards for all who enter.

Breach of Duty of Care: Once the duty of care is established, the injured party needs to demonstrate exactly how the negligent party failed to meet their duty. For instance, if a distracted motorist causes a car crash while texting and driving, they have breached their duty of care to drive safely while on the road.

Causation: Proving negligence in a personal injury claim requires the injured party to show that the defendant’s negligence directly caused harm or injury. The concept of causation also considers whether the defendant could reasonably have foreseen that their actions or inaction might cause an injury. For example, if a defendant’s actions somehow caused injury due to an unforeseen act of nature, the defendant may not be found liable.

Damages: The injured victim must also show that the at-fault party’s negligence caused them to suffer damages or losses. Damages are the legal means of putting a monetary value on injuries and losses caused by a defendant’s negligence. Damages in a personal injury claim or lawsuit typically compensate for expenses, such as past and future medical bills, past and future lost income, property damage, pain and suffering, emotional distress, and more.

How A Personal Injury Attorney Establishes Negligence

Personal injury cases are complex. If you’re unfamiliar with tort law, it can be challenging to understand how to establish negligence. If you’ve been seriously injured or have lost a loved one, attempting to settle an accident claim without an attorney can lead to minimal recovery or no compensation at all.

Having an attorney handle all aspects of your personal injury claim is essential to proving negligence and ensuring your rights and interests are protected. Your lawyer’s team fully investigates the circumstances surrounding your claim, gathers relevant evidence, and consults with witnesses, medical professionals, and other parties. They bring it together to create a cohesive argument that clearly demonstrates a responsible party’s negligence and liability.

Choose An Experienced Personal Injury Attorney

A seasoned attorney with a wide range of experience in litigating different claims understands that no two cases are alike. Each personal injury claim or lawsuit requires a specific approach, so it’s important to choose a lawyer who understands how to establish negligence in all types of motor vehicle accidents, premises liability, and wrongful death claims. Your lawyer should also know how to account for all future accident-related expenses and damages, especially if you or a loved one has suffered a catastrophic injury, such as a spinal cord injury, amputation, or TBI. Finding a tenacious legal team, you can trust with a history of successfully proving negligence in personal injury claims can increase your chances of recovering maximum compensation for your damages and give you peace of mind.

Contact A Lehigh Valley Personal Injury Lawyer

At Thomas, Conrad & Conrad, our attorneys fight to win. We are skilled litigators who know how to establish negligence in a personal injury claim and guide you through the process every step of the way. For a free evaluation of your premise’s liability claim, contact us online, call our Bethlehem office at 610-867-2900, or schedule a free consultation. We also have offices in Lehigh, Berks and Monroe Counties and we represent all injured victims throughout all counties in Eastern PA .


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