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The Basic Negligence Claims Elements of a Winning Case

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The Basic Negligence Claims Elements of a Winning Case

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Negligence Claims Elements Himelfarb Proszanski

Negligence occurs when a person or entity acts carelessly, and that action leads to harming another person. A person or a business can be held negligent for their actions. If you have been injured by the actions of another person or business, you should protect your rights and contact a personal injury lawyer.

Basic Negligence Claims Elements

When a person has been injured by the actions of another person or business, it is their responsibility to show the court that the injuries are the result of those actions. These are often referred to as negligence claims elements.

There are four negligence claims elements that must be met for the courts to accept your claim and hear your case. Working with a lawyer will enable you to establish each of these elements.

1. Duty of Care

When an accident happens and an injury occurs, it is important to establish who is at fault for the accident. Determining who is responsible provides the court with the “reason” that the party is being asked to pay for damages.

Part of establishing who is at fault is showing that there was a “Duty of Care” by the responsible party to the injured party.

What is a duty of care? An example would be someone driving a car. The person driving the vehicle has a responsibility or duty to operate that vehicle safely and within the law’s guidelines. These laws are to be followed for the safety of the driver and the safety of others on the road.

Once a duty has been established, the lawyer will have to move to the second requirement.

2. Breach of Duty

The second element that must be shown is that there was a breach of duty or responsibility. Using the above example of someone driving a car, a breach would be that the person was texting and driving and ran a red light, causing a car accident.

The accident was a result of a breach of responsibility. Your lawyer will show that the responsible party made decisions against common practices or the law, resulting in an accident.

3. The Breach Resulted in Injury

This is the easiest of all four elements. The lawyer must show the court that the responsible party’s actions were the direct cause of your injuries. Using the car accident scenario, if the driver ran a red light and caused the accident, their actions caused your injuries.

4. Financial Damages

The final element of a negligence case is to show the court that the injuries you received as the result of the responsible party’s actions have caused you financial harm.

Financial harm can be the cost of medical care for your injuries, damages to your vehicle, loss of income from your injuries, future earning potential, and any other loss that your lawyer may find based on the facts of your case.

Work Closely With Your Lawyer

These four points are the basic elements of a winning negligence case. Your lawyer will build your entire case by showing these four elements. This is the basis for all negligence cases, no matter what type of accident or injury occurred.

Your lawyer will work diligently to prove each of these facts in your case. It is important that you work closely with them so that you can build the best possible case for your compensation claim.

Make sure that you submit any paperwork that your lawyer requests, attend all medical visits, show up to all scheduled meetings, and follow the guideline set by your lawyer throughout the case. In the end, you should be able to build a successful compensation claim.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
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I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
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I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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