Proving Negligence

In order to win a personal injury lawsuit, it is often necessary for a plaintiff to prove that the defendant acted in a negligent manner. Though the exact circumstances may vary from person to person and case to case, the core idea remains the same. Should you choose to file a personal injury suit against another person, company, or entity, it is important for you to understand the basic principles behind proving negligence.

There are three basic ‘steps’ or ‘parts’ to proving a defendant negligent in court. If you file a suit against a reckless driver who caused a car accident:

• Establish a duty. First of all, you must show that the defendant owed you a duty of some sort. IN this situation, the other driver had a duty to operate his vehicle in a safe manner. A reasonable person would be expected to fulfill this duty at all times.
• Establish breach of duty. Next, you need to demonstrate that the defendant failed to perform his duty. In the example case, you must prove that the defendant was driving recklessly – perhaps by swerving between lanes, failing to stop at a light, or speeding.
• Establish a causal link. Finally, you need to prove to the court that the defendant’s breach of duty (in this case, his decision to drive dangerously) was the direct cause of your injuries. You may attempt to show that the defendant ran a red light and crashed into your car, for example.

It is important to keep in mind that proving negligence can be difficult. If physical evidence is not collected promptly after an accident, it may be lost or contaminated. If witness testimony is not obtained quickly, people may forget important details.

For this reason, it is a good idea to contact a Charleston personal injury lawyer immediately after being in an accident. By acting quickly, you increase your ability to build a strong case in court.

Contact Us

If you or someone you love has been hurt by another person who was behaving negligently, contact the Steinberg Law Firm today at 843-720-2800. Our Charleston personal injury attorneys will evaluate your case and help you decide on the best course of action.