Brooklyn: 718.531.9700 | Manhattan: 212.696.4LAW
Toll-free: 855.HELD.HINES | Email:

Proving Fault in Personal Injury Cases

  • Posted on:
  • By:

If you’ve been injured at the hands of someone else, you probably want to file a personal injury case to help you receive compensation for medical bills, missed work, and more. However, in order to win your personal injury case, you need to be able to prove that the other individual was negligent. In other words, you need to show the court that the injury was that individual’s fault.

In some cases, fault will be easy to prove—but you need to be able to back up your claim with evidence and support. If you’re entering into a personal injury case, here is everything you need to know about proving fault and negligence.

The Four Elements of Negligence

If you want to win your personal injury case, you need to prove that the four elements of negligence were present. Let’s take a look at what those four elements are and what evidence you may need to show.

1. Duty

The first thing you must be able to prove is that the individual had a legal duty to protect you or ensure that you were not harmed. Certain relationships, such as a landlord or doctor, automatically assumes duty of care. However, getting behind the wheel of a car also constitutes a legal duty of care to other individuals.

2. Breach

After you’ve established that there is a legal duty of care, you need to prove that the duty was breached. You can prove this by showing that the individual did not act in the way a reasonable person would in the same situation.

3. Causation

The next element you need to prove is causation. Causation states that the breach of duty directly lead to your injury or the individual’s inability to react a certain way caused you harm.

4. Damages

Finally, you must state the damages caused by this injury. Damages are what the court will award you for, such as medical care, lost wages, or repair to your property.

Working with an expert personal injury attorney can help you collect the evidence you need to prove the four elements of neglect. If you’ve been injured due to the negligence of another individual, contact Held & Hines, LLP at 855.HELD.HINES.

Posted in: Negligence, Personal Injury

Areas of practice

  • Board of Education Abuse/Neglect
  • Breach of Contract Cases
  • Broker Commission Disputes
  • Civil Rights
  • Class Actions
  • Closings
  • Condominium & Cooperative Representation
  • Construction Accidents
  • Corporate Formation
  • Defamation & Slander Cases
  • Defective/Hazardous Products
  • Dog Bites/Animal Attacks
  • Employment Law and Misclassification
  • Gig Economy
  • Ice/Snow Cases
  • Insurance Company Bad Faith Claims
  • Knockdown Bicycle Cases
  • Landlord & Tenant
  • Liquor / Tobacco / Lotto Licensing
  • Medical Malpractice
  • Membership / Shareholder Agreements
  • Motor Vehicle Accdients
  • Nursing Home Abuse/Neglect
  • Pedestrian Knockdown Cases
  • Personal Injury
  • Premise Liability
  • Prisoner’s Rights
  • Real Estate Broker Commission Disputes
  • Real Estate Closings
  • Real Estate Litigation
  • Refinances
  • Rideshare: Uber and Lyft
  • Sale of Business
  • Slip & Fall Accidents
  • Trademarks
  • Wrongful Death