If you have suffered an injury due the someone else's negligent behavior, you may be looking at filing a personal injury claim to help with the expenses you have incurred as a result of the accident. Whether or not that claim is successful often hinges on whether you can prove negligence. A personal injury lawyer in Knoxville can work with you to gather the appropriate evidence to have a successful claim.
Let's take a look at some of the ways you may be able to prove negligence.
What is Negligence?
Let's start by defining what negligence is in the context of a personal injury case. In simple terms, negligence is the failure to behave at a standard level of care and prudence. This could mean someone being careless with their actions, or it can refer to someone's failure to take action. Any personal injury case can involve negligence, including car accidents, product liability, pedestrian accidents, or slips and falls.
Whatever type of personal injury you have experienced, your personal injury lawyer in Knoxville will use the four elements of negligence in order to determine who is at fault. This is also going to help inform any settlement that is awarded. The four elements of negligence are:
- Duty of Care - We all have a duty of care to our fellow human beings in that we should always take care to avoid inflicting harm on others. During a personal injury lawsuit, your personal injury lawyer in Knoxville will need to provide evidence that the person you are suing for damages had a specific duty of care that they violated.
- Breach of Duty - It is not enough to provide evidence of a duty of care; your personal injury lawyer in Knoxville must also demonstrate that there was a breach of that duty. For example, in a traffic accident, a licensed driver has an obligation to follow the law when operating a vehicle. If they neglect that duty by running a red light, speeding, or driving under the influence, then they have breached a duty of care to other road users.
- Causation - One of the most crucial elements of negligence for your personal injury lawsuit is causation. Your personal injury lawyer in Knoxville will need to prove that your injuries were a direct result of negligence.
- Damages - The foundation of any personal injury lawsuit is the damage caused either to you or to your property. You need evidence that injuries were sustained and that they were a direct result of negligence.
Of the four elements of negligence, causation is the one that is often the most difficult to prove. Injury or illness can have multiple underlying causes that are not necessarily tied to negligence. Your personal injury lawyer in Knoxville must provide evidence to prove that a breach of duty of care directly resulted in the injuries that you have suffered. Some of the evidence that might prove helpful include forensic witnesses, photographs, video, proof that repairs were not made, or even a proven history of negligent behavior.
Even causation itself can be broken down into two separate categories - Cause-in-Fact and Proximate Cause.
- Cause-in-Fact - Cause-in-Fact, also referred to as 'Actual Cause,' is where you prove that your injury would not have happened if not for the defendant's actions. For example, if you are a pedestrian hit on a crossing by a driver running a red light, you can show that your injuries would likely not have happened if they had not ran the light.
- Proximate Cause - This one is a little tricker as there is no set definition of proximate cause. It can involve many variables and is more complex than cause-in-fact. With proximate cause, the question asked is whether or not it is reasonable to assume that the defendant was aware that their action (or lack of action) would likely cause harm. One example of proximate cause could be if a hotel knew that the radiator guard was missing and a guest suffered burns from knocking against the exposed pipes. The hotel maintenance staff and management should have been aware that there was a risk of this type of accident, making it a proximate cause.
As you can see, proving negligence in a personal injury case can be complex and a little confusing. It is important to work with an experienced personal injury lawyer in Knoxville who can guide you through the process and help you secure the compensation that you are owed.
Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.
Please reference BV&B’s content disclaimer (located in this channel’s profile description) in regard to this shared content.