Negligence alone isn’t always enough for a personal injury case. You may have to prove a bit more than that.
Is Your Personal Injury Case Valid? You Must Prove Negligence
Many people who suffer injuries often wonder if they have a valid personal injury case to sue for damages. If some sort of outside influence caused the situation that led to your injury, you may have a case. In order for you to have a case, you need to prove that some form of negligence occurred.
Who Holds the Blame?
Negligence implies that someone did not show the proper level of care. As a standalone concept, there is not much more to it. Many people can make a mistake or lose focus for a moment. When that happens, they can cause an accident to occur. When that inattention leads to an injury, you have the makings for a personal injury lawsuit. However, negligence alone does not make for a valid case. Other elements stemming from that negligence must also come into play.
Elements of Negligence
Negligence has to have four elements to make it stick. Someone must have a duty to show care. That person must breach that duty by doing something outside of that duty of care. That breach must cause or lead to your injury. That injury must cause real and verifiable damage. All four of these things must happen before you can say if you have a case or not. If any one of those elements is missing, then there is a chance that your case is invalid. Depending on the nature of the accident, it is not always easy to prove each point.
Ask an Attorney for Help Proving Negligence
Las Vegas injury attorneys seek to prove each element of negligence before they can demand a settlement amount. Because all the elements must come into play, it is important to seek the advice of an attorney who knows how the process works. You may have some evidence to prove the claim, but in order to pursue your case, every element of negligence must be satisfied.