How Do You Prove Negligence in a Clearwater Personal Injury Case?

Recovering compensation in a personal injury case typically requires proving that the opposing party’s negligence caused the plaintiff’s injuries. Proving negligence involves establishing four legal elements:

• The opposing party owed you a duty of care – Depending on the context, a party may owe you a particular duty of care. For example, motorists must operate their vehicles carefully and lawfully. A physician owes you a duty to treat you with the accepted standard of care. Proving negligence begins with establishing the nature of the duty of care that the opposing party owed you.
• They breached that duty – Next, your lawyer must establish how the opposing party breached their duty of care. A motor vehicle accident case may involve showing that the other driver sped or ran a red light. In a slip and fall case, your attorney might show that a store left a spill on the floor for several hours.
• The breach caused the plaintiff’s injuries – Most importantly, your lawyer must show how the other party’s breach of their duty of care caused your injuries.

The plaintiff suffered damages due to their injuries – Finally, your attorney must prove that you have suffered some damage that you can recover compensation for, such as medical bills, lost income, or pain and suffering.