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You may have the right to file a personal injury claim if you’ve been injured because of someone else’s carelessness or wrongdoing. Many of these claims are based on negligence, a legal concept that holds people responsible when they fail to act carefully and cause harm.
One key part of proving negligence is showing a breach of duty. This article will help you understand what breach of duty means and how it affects your personal injury case.
Negligence occurs when a person or entity fails to act as a reasonable person would in a similar situation. This lack of reasonable care can lead to accidents or injuries. Negligence is the foundation of most personal injury cases, such as car accidents, slip-and-falls, and medical malpractice.
To succeed in a negligence claim, you must prove four main elements:
Each of these elements is important in establishing the defendant’s liability.
The four legal elements of negligence are described in more detail below:
First, you need to show that the defendant owed you a duty of care. This means they had a legal obligation to act in a way that avoids causing harm to others. For example, drivers have a duty to follow traffic laws and drive safely. Property owners must keep their premises safe for visitors.
Next, you must demonstrate that the defendant breached that duty. A breach occurs when their actions fall short of what a reasonable person would have done under similar circumstances. This is a key element in proving negligence.
You also need to prove that the defendant’s breach of duty directly caused your injuries. There must be a clear link between their actions and the harm you suffered.
Finally, you must show that you suffered actual damages as a result of the incident. This can include physical injuries, medical expenses, lost wages, and emotional distress.
Breach of duty is often the most contested element in a negligence case. Proving a breach means showing that the defendant did not act as a reasonable person would have in the same situation.
For example, if a driver runs a red light and causes an accident, they have breached their duty to obey traffic laws and drive safely. Similarly, a store owner who fails to fix a known hazard on their property may have breached their duty to keep the premises safe.
To prove a breach of duty, you need to:
Before listing the evidence, it’s helpful to understand what types of proof can strengthen your case.
Common types of evidence include:
Gathering and presenting this evidence can make a significant difference in your case.
Sometimes, both parties may share some blame for the accident. Under Washington’s comparative negligence law, you can still recover compensation even if you were partially at fault. However, your compensation may be reduced by your percentage of fault.
For example, if you were 30% at fault and the other party was 70% at fault, your compensation would be reduced by 30%. An attorney can help protect you from undue blame.
Successfully proving negligence requires solid evidence and a clear argument. It’s not enough to claim that the other party was negligent; you must show how their breach of duty directly led to your injuries.
Working with an experienced personal injury attorney can help you navigate this process. They can assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.
You don’t have to handle the situation alone if you’ve been injured due to someone else’s negligence. A knowledgeable attorney can help you understand your rights and guide you through the legal process.
Contact our Davis Law Group Car Accident and Personal Injury Lawyers today at (206) 727 4000 for a free case review. They can evaluate your case, explain your options, and work to secure the compensation you need and deserve.
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