How Do I Prove Negligence in a Personal Injury Case in California?

 Posted on June 06,2024 in Personal Injury

Under California law, not every injury is grounds for a lawsuit. If you want to recover compensation for damages caused by someone else, you need to prove that the other party was negligent. This means that the other party, or the defendant, did not take a reasonable amount of care to prevent your injury. If you were injured on a ride at an amusement park, for example, and you find that park employees failed to do a basic inspection, you may be able to show that the park was negligent.

Proving negligence is not simple, however. Negligence is made up of four elements:

• Duty of care

• Breach of duty

• Causation

• Damages

Proving all these elements is crucial to a strong personal injury case, which is why it should be done by an experienced California personal injury lawyer.

Duty of Care

Before you show that the defendant did not take reasonable care to ensure your safety, you need to show that he or she had a responsibility to do so. Duty of care means that the defendant had an obligation to take certain measures to avoid harming the victim. The driver of a vehicle, for example, has a duty of care towards other people on the road. On the other hand, if someone was injured while trespassing on someone’s property, it would be harder to prove that the owner of the house had a duty of care toward the injured person.

Breach of Duty

Once you have shown that the defendant had a duty of care, you need to prove that the defendant violated that duty. This means that he or she did not take the action that a reasonable person would have taken in the same circumstance. 

Causation

Even after you have proven that the defendant was in breach of his or her duty of care, you need to show your injury was caused by that breach. This can be straightforward in some cases, like if a pedestrian broke a limb after being hit by a car. In other cases, however, such as medical malpractice, causation can be more difficult to prove. 

Damages

Finally, you need to prove that you sustained damages as a result of your injury. In other words, you need to show that you lost something as a result of the person’s negligence. Damages can include:

• Medical expenses

• Lost wages from being out of work 

• Pain and suffering

Contact a Los Angeles, CA Personal Injury Attorney

Proving negligence is a complex task and requires careful attention to legal details. A qualified Los Angeles County, California personal injury lawyer can examine your case and prove negligence on your behalf. At Tahmazian Law Firm, P.C., we have extensive experience in proving the four elements of negligence. Let our excellent attorneys investigate your case and build a strong personal injury claim. Call us today at 818-242-8201 so we can start fighting to get you the most compensation possible.