While researching the process of filing a personal injury claim, you may have come across the term “negligence.” Believe it or not, negligence has a specific legal definition, and it has one of the largest impacts on personal injury cases.
So, what does negligence mean in law? Legally speaking, negligence is the failure to behave in a way that another reasonable person would have in the same circumstances. In other words, it’s something that no reasonable person would do.
For example, if someone is driving down the road, it is to be expected that they will stop if they see a red light. However, if they run the red light, they are being negligent because they are ignoring the rules of the road that almost everyone else follows.
The process used to prove negligence in a personal injury claim may seem simple at first because of this example, but it’s more difficult than you think. In law, there are four elements that you must prove to show that the other party acted in a negligent way.
Those four elements are duty of care, breach of duty, causation, and damages. In short, you must show that the defendant had a duty to act reasonably, breached that duty, and performed an action that caused the accident.
In addition, you must show that the accident resulted in you sustaining damages, like injuries or property losses.
Of course, proving negligence is easier said than done. However, there are ways you can strengthen your personal injury claim to help show that negligence occurred. If you or a loved one has been injured due to another party’s actions, know that you aren’t alone.
Call Tenge Law Firm today at 303-665-2929 to schedule a free consultation. We’re proud to serve clients throughout the great state of Colorado.