How Can I Prove Negligence in a Personal Injury Claim?

To prove someone is at fault in a lawsuit, you must show that each of the elements of negligence were present. Along with this, it helps to have evidence and witness testimony to support your case. Hiring a personal injury lawyer in Citrus Heights, CA also boosts your chances of getting compensation. 

Triumph Law, P.C. is a top Citrus Heights personal injury law firm. Our Citrus Heights personal injury lawyer will help you prove that an at-fault party was negligent. To get started, reach out to us. 

What You Need to Know About the Elements of Negligence

Negligence is defined in California Civil Code 1714. If a person does something that a reasonably careful individual would not, they are negligent. There are four elements that must be present if you want to prove negligence in a lawsuit, and these are:

1. Duty of Care

You will have to show that it was reasonable to expect the defendant to understand that their actions could harm someone else and do them regardless. For example, a truck driver is expected to comply with hours of service regulations. If the trucker violates these regulations and causes a trucking accident, anyone who was harmed can sue the driver and their employer.

2. Breach

The breach of a duty of care happens as soon as a person does something that a reasonable individual would not be expected to do. It is tough sometimes to determine if a defendant has a duty of care and if this legal obligation was violated. A Citrus Heights personal injury attorney will help gather evidence and witness testimony that shows the defendant had a duty of care to you and violated this obligation.

3. Causation

With causation, you are able to prove that your injury would not have been able to happen unless the defendant had a duty of care to you. For instance, you can argue that you suffered a traumatic brain injury (TBI) in a car accident. You can provide medical records to show that you had no prior brain injuries, and this will help you prove causation. 

4. Damages   

You are responsible for showing that the defendant caused you to suffer losses. As an example, if you are involved in a car crash but do not get hurt or suffer any losses, you cannot sue for damages. On the other hand, if a car accident leaves you with broken bones or other health problems, you are dealing with losses and can request damages accordingly. 

Negligence per se is a legal principle that applies to California personal injury claims. With negligence per se, a court presumes that a person has acted negligently if they have violated a statute. Thus, if someone broke the law and you suffered an injury as a result, they were negligent.   

Tips to Prove Negligence in Your Case

Saying that a defendant was negligent is not enough to get compensation in an injury case. You are responsible for the burden of proof. If you do not provide a sufficient amount of information to show a judge or jury that the defendant was negligent, you will not be awarded damages. 

A personal injury attorney in Citrus Heights understands negligence and how it applies to your lawsuit. They work with you to prepare an argument that resonates with a judge or jury. As part of their efforts, they will do the following things to prove that the defendant was negligent:

Collect and Evaluate Evidence

Accident scene photos and videos, police reports, medical documents, pay stubs, and other pieces of evidence will help you build a strong case. The evidence that will work well for you depends on your lawsuit. Your attorney looks at all of the evidence at their disposal, then decides what pieces to use and how to present them. 

Get Witness Statements

If anyone saw the accident that led to your injury, ask them to provide a statement or serve as a witness during your trial. Police officers will also include witness statements in accident reports. Your lawyer searches for witnesses who will offer a statement or testify on your behalf. 

Avoid Posting Content on Social Media

What you say on social media can come back to haunt you in a lawsuit. If you are not careful, you may inadvertently publish photos or videos online that make it look like your injury is not as severe as you claim. Rather than risk the defendant or their attorney finding questionable photos or videos of you, avoid posting such content altogether. 

Keep in mind that pure comparative negligence is in place in California, too. Based on Cal. Civ. Code §1431, if you are found partly responsible for the accident that led to your injury, a judge or jury will reduce the damages that you are awarded based on your percentage of fault. On top of this, if the defendant proves you were fully at fault for your accident and injury, you will not receive any damages at all. 

How a Defendant Will Attempt to Show that You Are at Fault

The defendant in your case will focus on discrediting you. This individual and their attorney will look for evidence and witnesses in the same way that you do. In addition, they may try to get you to say that you are responsible for your accident and injury.

In the days after an accident, the defendant or their insurer may contact you. They may try to get you to make a statement about the incident. Be careful if this happens because what you say may be used against you if you seek damages. 

One of the best things that you can do in the immediate aftermath of suffering a personal injury is to hire an attorney. Choose a lawyer who has helped dozens of clients achieve their desired case results. This attorney will prepare your argument and present it in a way that compels a judge or jury to award you the compensation you want. 

Submit Your Personal Injury Claim

If you have been injured due to someone else’s negligence, now is the time to file a lawsuit against the at-fault party. Triumph Law, P.C. fights zealously for our clients, and we will do whatever we can to help you win or settle your claim. To schedule a case consultation, contact us today.