Posted by on 05/26/2018

What You Should Know About the Four Elements of Negligence

What You Should Know About the Four Elements of Negligence

Getting involved in an accident can be overwhelming and heartbreaking. When personal injury, fatalities or property damages were incurred due to certain accidents that were not your fault, you can file a liability claim. These kinds of investigations will prove the negligence of the third party or entity accused. For a normal person who is not trained in the field of law, proving that the accused is liable under the theory of negligence can be very tricky and ambiguous. In order to win a lawsuit, you must prove all the four elements of negligence.

Here at Babcock Partners, we are well-versed and highly skilled in the field of Baton Rouge negligence laws and standards. When we work on your case, we always compare the facts, evidence, and all the testimonies to ensure that all elements are satisfied for you to receive the compensation you are entitled to.

Duty of Care or Duty Owed

This is a legal responsibility or obligation to exercise in the same level of reasonable care. A duty owed arises when the relationship between the plaintiff and the defendant is recognized, which requires the defendant to act in a reasonable manner toward the complainant.

For example, drivers have the duty of care to make sure that their vehicles are in good condition, to drive safely and in accordance with all traffic regulations. Doctors also have the legal obligation for their patients.

Breach of Duty of Care

To know that the defendant owed you a duty of care is not enough to prove negligence. You must prove that the accused breached his/her duty of care by failing to exercise reasonable care or act in a reasonable way that a sensible person would.

In such legal cases, the decision whether the defendant breached his/her duty of care is done by the jury. An example would be when an accident caused by the negligence of a driver. He would have breached his duty of care when he drove carelessly and recklessly and in an inattentive behavior, failing to stop at a red light. With that, the driver had put his life, his passenger’s and other motorist’s lives at risk.

Proximate Cause

In traditional negligence lawsuits, the complainant must prove that that defendant’s negligent actions were the major cause of his/her injury. There must be a direct link between your injuries and the breach of duty. The defendant’s failure to act in a reasonable manner or exercise the appropriate duty of care to the plaintiff must be the actual cause of the injuries or damages incurred. Often referred to as “but-for’ causation, you must prove that there was a reasonable anticipation for the accused to foresee that the actions might harm the complainant.

Damages

To ensure that you receive compensations you are entitled to, you must prove a legally recognized injury/harm or damages (to properties or persons). Proofs that the breach of duty of care caused damages such as medical bills, bills for property repairs and other monetary expenses must be presented.

Baton Rouge Personal Injury Lawyer

If your loved ones are involved in accidents and are confident that you have met the elements of negligence, contact us to help you build a compelling and successful case. Your case is our top concern – Babcock Partners personal injury law firm in Louisiana will protect your rights and fight for you and your family.

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