Did you know that only 2.9% of victims of medical malpractice file claims? This is likely because of how hard it is to prove negligence occurred. However, understanding tort laws can make you more confident in getting the compensation you deserve if you or a family member were injured due to negligence.
Read our guide on how to prove negligence.
How to Prove Negligence
What is negligence? It is a branch of tort law that handles civil wrongs. Negligence happens when an individual or group of people have been harmed through the fault of an organization or one person.
Knowing how to prove negligence involves the elements of it. Those elements are as followed:
Duty refers to obligatory tasks, services, conduct, or functions that occur from one’s position. This definition applies in many situations such as helping to prove negligence in a wrongful death claim.
There are two kinds of duty legal obligations to understand. One is the duty of care and the other being the special duty of care.
The former refers to acting as a reasonable person under certain circumstances. The latter is imposed by statute.
This means it can exist with the regular duty of care. In simple terms, it means someone is obligated to act in a way the average individual isn’t expected to.
Duty correlates with negligence because when someone is doing their duty, they are not being negligent. You can prove negligence in this way by offering evidence of how someone was not performing their duty when an incident occurred, such as wrongful death.
Actual case means there is a straightforward cause for something. If someone gets hurt while visiting their neighbor, the homeowner, aka the neighbor, would be at fault.
This does not mean the first event or the last event that occurred before an injury is actual cause. For example, it could be an action that had foreseeable consequences when no one else intervened. If the actual cause of injury is negligence, you don’t have to prove proximate cause.
The courts can deem an event as the cause of injury if there is enough evidence. This concept is harder to prove in court than actual cause. This concept involves figuring out if someone is fully responsible for an injury or if another party is also responsible.
To prove negligence in court, a defendant has to demonstrate that a breach of duty occurred because of actual and proximate cause of negligence. The two together equal causation.
Hiring an Attorney
Damages are often sought out by the individual who got injured. To help prove negligence in court and receive compensation, hiring an attorney is ideal.
Depending on the case, the process may be complex. If you are dealing with a wrongful death case, you can find out everything you need to know from this page.
Know the Laws in Your State
Knowing how to prove negligence involves understanding the laws in your state. Chances are tort laws will be complex and detailed. The best way to get through a lawful involving negligent behavior is by hiring an attorney.
Keep coming back for more articles that can help you understand the legal system.