What is Negligence

In order to recover compensation for a personal injury you have suffered, you have to prove negligence. Negligence is broken down into 4 elements:

Duty of Care

We each have a duty to use reasonable care to avoid causing injury to others or their property. For example, when driving a car, we must obey the rules of the road. So the first element you have to prove in order to recover compensation is that you were owed a duty of care. This is generally the easiest element to prove since we all owe each other a duty to use reasonable care.

Breach of Duty of Care

After you demonstrate that you were owed a duty of care, the second element you have to prove in order to recover compensation is that the other individual(s) breached their duty of care. For example, if one disobeys the rules of the road by speeding or failing to maintain an assured clear distance, that is a breach of their duty of care. Again, this is typically a relatively easy element to prove.

Causation

Once you demonstrate a breach of duty of care, the third element you have to prove in order to recover compensation is that the breach of the duty of care was the proximate cause of your injuries. Working with the example above, you would have to prove that your injuries were a proximate cause of the other driver’s failure to maintain an assured clear distance or failure to obey the speed limit. This may seem straightforward but this is where the insurance companies really begin their fight. Insurance companies will spend substantial resources trying to prove your injuries were “preexisting” or that you contributed partially to your injuries - a term called “comparative negligence.”

This is where it is important for you to have legal representation. Going to battle against the insurance companies without legal representation is a losing proposition. Our experienced personal injury team will work closely with you to build your case. It is important that you are open and honest with your lawyer about any preexisting conditions you have had. The insurance companies will find out about every accident you have been in, every doctor’s appointment you had, every chiropractor appointment you have had, anything you have posted on social media, and so forth. Having an experienced personal injury team fighting the insurance company on your behalf is the best way to maximize the amount of compensation you are entitled to.

Damages

The last element you have to prove in order to recover compensation is that you suffered and/or will continue to suffer damages. This is where we will work closely with you to determine how much your case is worth. Our award-winning personal injury team will work hard for you to get you the compensation you deserve.