Learn What is Required to Prove Negligence – And How We Can Help You Prove It

Negligence is defined as failing to take reasonable precautions to avoid injury to oneself or others. A person might be negligent either by behaving or by not acting. They can be considered negligent if they do or do not do anything that a reasonable person would do in the same scenario.

If you were injured in an accident caused by someone else’s negligence, you may be able to bring a personal injury lawsuit. Read on to learn about the four components that must be demonstrated to establish negligence, then call Law Offices of Fernando D. Vargas at 909-982-0707 to learn how we can assist you in establishing negligence. We’re here to provide you a no-cost legal consultation.

  1. That the defendant had a responsibility
  2. To begin, we must show that the defendant owed us a duty to behave or not act in a certain way. Statutes and common practices are two examples of how obligations might be enforced. What a reasonable person would have done or not done in some situations may be sufficient.
  3. That the defendant had breached that obligation
  4. The defendant must then be shown to have broken or violated their obligation. It is usually very straightforward to show that the defendant violated a duty after we have established that the defendant had a responsibility to behave or not act in a certain way.
  5. That there was a harm or damage as a result of the breach
  6. We must show that the defendant’s violation caused and/or resulted in loss or damages to you once we have shown that the defendant’s duty was broken. This can include both physical and emotional trauma, such as a broken leg. It’s important to note that the cause does not have to be the sole cause of the harm; rather, it must be a “substantial component.”
  7. Damages were sustained by the plaintiff
  8. Finally, we must demonstrate that the plaintiff was harmed as a result of the injury. This might include monetary losses such as medical expenses, property damage, or missed employment. It’s also possible that the violation of duty caused an emotional damage. In some situations, a person may have acted irrationally, yet they cannot be held civilly responsible if no one was hurt as a result of their acts.

Call us right now to find out if you have a case to file.

If you’ve been hurt in an accident and want to know if you have a case, call Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. We’re here to assist you in identifying your alternatives, pursuing them, and achieving the greatest possible result as a consequence.