How to Prove Negligence in a Personal Injury Claim

If you were seriously hurt because someone failed to act with reasonable care, you may be entitled to compensation for the resulting damages. Before you can recover a payout, though, you will have to prove negligence, which is the basis of most personal injury claims.

To build a strong negligence claim, you must obtain evidence of the following elements:

1. A Duty of Care

The opposing party must have owed you a duty of care. This duty might have been implied, or it might have been formally established.

Whenever you get behind the wheel, for example, you’re assuming a duty of care to everyone on the road around you. All motorists have an obligation to follow relevant traffic laws and to remain alert, awake, and sober at all times.

Visiting a doctor in a clinical setting, on the other hand, establishes that the provider owes you a duty of care. If you were to discuss a health concern with an acquaintance who happens to be in the medical field, however, the same duty of care would not apply.

Whether the duty of care was implied or established will ultimately depend on the facts of the case. Either way, you will have to prove that the duty of care did indeed exist.

2. A Breach of Duty

In order to prove negligence, you will have to demonstrate how the defendant failed to exercise reasonable care. In other words, you must be able to show that a reasonable person would have acted differently under the same circumstances, resulting in a different outcome.

3. Causation

Negligent parties are only liable for the damages for which their actions—or lack thereof—were the proximate cause. If your medical bills and other losses were caused by a preexisting condition, for example, you would not be entitled to compensation for those damages; however, you can seek compensation for the exacerbation or aggravation of a preexisting condition.

4. Damages

Just because another party failed to act with reasonable care doesn’t mean you’re automatically entitled to compensation. In order to put together a winning personal injury claim, you will have to prove that you incurred damages as a direct result of the negligence.

In the state of Minnesota, personal injury claimants may recover both economic and non-economic damages including:

• Medical expenses;
• Home care;
• Lost wages;
• Loss of future earnings;
• Property repairs;
• Alternative transportation;
• Home and vehicle modifications necessary for accommodating any permanent disabilities;
• Pain and suffering;
• Loss of enjoyment in life; and
• Mental anguish.

If the liable party acted with deliberate disregard for your rights, the claim may also warrant a punitive award. Unlike compensatory damages, which essentially reimburse claimants for their losses, punitive damages aim to punish defendants and deter them from acting with such negligence in the future.

Discuss Your Claim with a Personal Injury Attorney in Minneapolis

At Bradshaw & Bryant, we understand the physical, emotional, and financial toll that unanticipated injures can take. If you were hurt at the hands of someone else, let us help you pursue the compensation you deserve.

Our consistently superior results demonstrate our commitment to excellence in every case we handle. Call 800-770-7008 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in Minneapolis.