- October 23, 2024
- Personal Injury
Though sometimes an accident is just an accident, in other instances, some accidents are due to another person or party’s negligence. Take, for example, a car or truck crash resulting from a person failing to stop at a stop sign. Had the negligent driver prioritized safety and followed the law, the crash likely would have been avoided. In today’s blog, your Dallas, TX catastrophic injury attorneys take a look at the role of negligence when it comes to personal injury claims, as well as discuss burden of proof, elements of negligence, and what it looks like to do so in your case.
Who Has the Burden of Proof?
In a legal sense, negligence can be defined as the failure to behave or act with the level of care that a reasonable person would have exercised under the same circumstances. In most personal injury claims, negligence is an element that must be proven to hold a party responsible for injuries obtained in an accident. That being said, who is responsible for proving it?
The burden of proof resides with the plaintiff, or the person alleging another person or party was negligent. In other words, if you have been injured as a result of what you suspect to be another person or company’s negligence, you have the burden of proving it. To learn more about what this means and how it will impact your claim, give our office a call today.
The Four Elements
With respect to personal injury law, there is more to proving negligence than simply demonstrating a person or party’s actions contributed to an injury. In fact, there are four primary elements the plaintiff must prove In order to win a negligence case. These are duty, breach, causation, and damages.
To satisfy the necessary criteria, it must be properly shown that the defendant first owed a duty to the plaintiff. Second, it must be properly demonstrated that the defendant breached that legal duty by either failing to act appropriately or acting in a certain way. The third criteria to prove is that it was the defendant’s actions or inaction that caused the plaintiff’s injury, and finally, that damages resulted from the plaintiff’s injury resulting from the defendant’s actions.
Experienced Representation
In addition to proving negligence, there are several elements that comprise your case and should therefore be handled with the utmost care. Though insurance companies and several lawyers like to settle outside of the courtroom, a lack of trial experience can be a red flag when seeking personal injury representation. With decades of combined experience, the Crain Brogdon team will treat you like family and work diligently to help you obtain the best possible outcome for your situation.
Schedule Your Free Consultation
Negligence is part of the plaintiff’s burden of proof in a personal injury matter, and we work tirelessly to put together a sound claim so you can obtain what you are owed. Contact Crain Brogdon LLP in Dallas, TX by calling (214) 522-9404 today to schedule and initial consultation and learn about your options.
Attorney Quentin Brogdon
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]
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