US Law/Personal Injury
Negligence is the basis for initiating personal injury claims. Most people find this term unclear and confusing when they are met with the personal injury case for the first time.
Let’s put it simply, negligence means that a person fails to behave in accordance with the law. For example, every person should drive carefully and avoid putting other people’s lives at risk. If the person doesn’t show reasonable care and hurt, someone, then he is liable for the injuries he caused. But how do we know if our case has all elements that are needed to establish negligence which is the most important segment when initiating the personal injury claim.
Negligence in personal injury claim consists of four elements: duty, breach, causation, and damages. All these required elements have to be met in order to establish negligence. Negligence in traffic could be fatal for it participants.
Duty means that every citizen has to obey certain legal rules and behave in accordance with law. That means that he or she should avoid actions that may endanger other people or their property. For example, we are not allowed to drive fast or to set a fire in the places where it can cause damage to the property or harm other people.
A breach is the violation of that legal obligation a particular duty. So, if we set the fire in the places we are not allowed to and caused some damage, it means that we breach our duty.
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Causation means that our violation of the duty causes some harm to another person. So, if we set fire and nobody gets hurt, then there is no causation because our action or our breach of duty causes no harm. But if someone gets burned, fall running from the fire or has any other injury which is directly connected to the fire, then the elements of causation can be established.
Damages refer to the actual harm which results from the violation of the duty. If we set fire and someone else gets scared but has no other bodily injuries, then this person doesn’t have damages. But if someone gets burn then this person will seek medical costs and pain and this falls into the category of damages.