Filing Negligence in a Personal Injury Case

Most personal injuries are caused by a person using less than reasonable care in performing a task. Known as negligence, certain elements must be established to show that the wrongful party owes you compensation. Even if you experienced damage, the liable party may inaccurately pin part of the fault on you to avoid paying you what you deserve.

Mette Attorneys at Law is committed to seeking justice for personal injury victims. If you have recently been a victim of a personal injury or accident, our personal injury lawyers would like to help.

What Must Be Proven to Establish Negligence?

Negligence occurs when a person fails to exercise reasonable care in their actions. Whether it be a car accident, a slip and fall, or a construction accident, negligence forms the basis of most personal injury cases. A successful negligence claim involves proving the following:

Duty of Care

The duty of care changes on a case-by-case basis but involves specific responsibilities that a person owes others in performing an activity or based on their position. In an auto accident, all road users owe each other a duty to use caution while driving.

Breach of Duty

When a person fails to fulfill the duty of care they owe to others, this is known as a breach of duty. The breach may be an act or omission. In an auto accident, a person who fails to yield the right-of-way will have breached their duty.

Causation

The violation of the duty the other person owed to you must directly cause you harm. Causation is divided into two types: actual cause and legal cause. When the exact cause is present, the liable party’s actions must set into motion a chain of events that caused your accident and injuries. Actual cause uses the “but-for” test. Using the “but-for” test on our auto accident example, the test would ask, “But for the existence of the other person’s failure to yield, would the crash have occurred?” If the answer is “no,” then actual cause does apply. Legal cause, on the other hand, is present when the accident was a foreseeable consequence of the other driver’s actions. Both types of cause must be proven for negligence to exist.

Damages

The final element of a successful personal injury case involves the party seeking compensation for injuries or losses. In a personal injury case in Pennsylvania, damages may include financial losses (economic damages) or non-financial losses (non-economic damages). Monetary damages may include lost wages, medical expenses, and property damage.

Non-economic damages may include pain and suffering, infliction of emotional distress, and loss of consortium. If you did not lose something of value, then you will not be eligible to receive a settlement or award. You must speak with a Harrisburg personal injury attorney to discuss what forms of damages may be applicable in your case.

Attorneys Oversee Filing a Personal Injury Case

Establishing negligence can be complicated, as the available evidence determines whether you will prevail. Generally, evidence in a personal injury case may include photographs, videos, and eyewitness testimony. Each piece of evidence must be convincing and relevant to prove your version of events. To be compensated fully, you must prove each element of negligence by a preponderance of the evidence. The preponderance of the evidence standard requires that you confirm that your claim is more likely than not true, or stated another way, that your claim is more than 50% true.

Our Experienced Personal Injury Attorneys

A personal injury or accident can impact your immediate life and future goals. If you have experienced any losses due to another’s negligence, you deserve to be made whole again. At Mette Attorneys at Law, our Harrisburg personal injury lawyers are dedicated to helping injury victims recover the financial resources they deserve to begin anew. To schedule your confidential consultation with one of our attorneys, contact us online or call (717) 232-5000.