Proving someone responsible for your expenses often means showing that they acted negligently in some way. An injury you suffered does not automatically entitle you to file a personal injury claim. To receive monetary awards, you will need to prove five elements of negligence that resulted in damage.
According to Hofstra Law Review, these elements include:
- Duty: the ability to prove the defendant owed you a duty of care not to cause you or others harm.
- Breach: the ability to prove that a violation of standard care resulted in an injury for you or a family member.
- Cause in fact: the ability to prove a correlation between the negligent or harmful action that took place and the negative consequence you suffered.
- Proximate cause: the ability to prove a direct link between a negligent act and the injury that resulted from that action.
- Harm: the ability to prove you suffered injuries, loss, or other expenses because of someone else’s negligence.
Understanding these five elements will provide some clarity as you proceed with a civil action.
Types of Negligence Claims
Negligence refers to a variety of injury cases. Depending on where you live, your state may have certain criteria demonstrating what constitutes acts of carelessness.
Some examples may include:
- Automobile collisions
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability
- Elder abuse or neglect
A lawyer can help you determine if your claim meets the five elements of negligence required to prove your case. Afterward, your legal team can start the process of gathering evidence to bolster your account of events.
For a free legal consultation, call 800-641-8998
Understanding Your Potential for Compensation
Filing a claim for financial recovery in an insurance claim or lawsuit means you may want to understand the amount of the monetary award you can expect to receive. There are no data or statistics available showing the average cost of compensation for a personal injury or wrongful death claim. Each case of negligence will have unique factors that make up its potential for a financial settlement.
Some elements that play a role in the amount of your possible recovery may include:
- The type of negligence that led to your or your family member’s injuries
- The type and severity of the injuries you or a loved one endured
- The short-term and long-term effects of your injuries on your life and lifestyle
- The loss of income created by the injuries you endured or by the death of a loved one
Because no two cases have the same factors, your potential for financial recovery will vary as well. A lawyer can help you evaluate your claim for the economic impact another party created through an act of negligence.
Your Timeline for Receiving A Financial Award
Legal principles and guidelines will govern a case for financial recovery. In addition to proving that your case meets the five elements of negligence, you may also have to produce specific and detailed paperwork and documentation to support your claim.
Time matters in your ability to receive monetary compensation. Every state has different guidelines for how long an individual has to file a personal injury or wrongful death claim. For example, Florida Statutes allow up to four years from the date of when an injury or fatality occurred, while Tennessee only allows one year to pursue damages.
Your allotted time may pass quickly when you are healing from your injuries or helping to care for an injured family member. A lawyer may act as your advocate and can build your case while you concentrate on your physical health and wellbeing.
Get the Financial Award You Deserve
Do you want to hold another party accountable for their negligent behavior? Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.
Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve. The cost of legal representation should never stop you from seeking out professional services. Our team works on contingency, which means that we do not get paid until you accept a settlement offer. Call Ben Crump Law, PLLC at 800-641-8998 for your free case evaluation.