David Morey 
After being injured in an accident, your health is probably your primary concern. You’re focused on your recovery. You know the accident is the cause of your damages. You’re also positive the accident isn’t your fault. With the expertise of Eisenberg Law Group PC, including their experienced injury attorney, you can rest assured that your legal rights and interests will be protected as you seek the compensation you deserve.
Unfortunately, this isn’t enough to submit a personal injury claim. You also need to prove negligence, and this can get a little tricky. Proving negligence in a personal injury claim is more than convincing the insurance company you’re telling the truth about the accident.
What is Negligence
Before you can prove negligence in a personal injury claim, you need to know what it is. Negligence is a legal term meaning an individual’s actions didn’t exhibit reasonable care, and this led to the accident and subsequent injuries. This also applies to omission. For example, not providing a warning when someone is aware of a potential hazard.
Establishing negligence requires you to meet four key elements. These elements are a duty of care, breach of duty, causation, and damages.
The Key Elements of Negligence
You know you need to establish the key elements of negligence. Here’s a look at how each one can impact your personal injury case.
Duty of Care
As you’re working to establish negligence in a personal injury case, you start by showing the defendant has a duty of care for your safety. This means the defendant has a legal responsibility to ensure the safety of others. This can be by their actions or words. Remember, omission can be a form of negligence.
An example of a duty of care is driving on the street. All drivers have a duty of care to everyone else on the road. This usually means obeying all traffic laws and avoiding reckless driving behavior. Speeding and driving under the influence are both examples of a driver neglecting their duty of care.
Breach of Duty
Sometimes, proving a breach of duty can be a little difficult. If you’re involved in an accident with a distracted driver, you must prove their behavior is negligent. To prove a breach of duty, you must show the driver’s inattention is the cause of the accident. Proving distraction isn’t always easy.
Proving a breach of duty is a little easier when the accident is the result of a driver running a red light or operating a motor vehicle while intoxicated. The driver failing to stop at the red light is displaying behavior different from what’s expected from a reasonable individual. The same applies to a DUI accident. A reasonable person wouldn’t have gotten behind the wheel after drinking. If you’re in Tulsa and facing DUI charges, it’s important to remember that a Tulsa DUI attorney can help protect your rights and provide a strong defense.
Causation
Now we’re on to causation and this connects to the individual’s breach of duty. You must show a connection between your injuries and the defendant’s failure to behave as expected from a reasonable person.
So, if the at-fault driver runs a red light, you must show this action is the cause of the accident. Their actions must be a direct cause and not a vague connection.
Damages
The fourth and last element of negligence is your damages. This includes both economic and non-economic damages. Once again, you must provide proof of your damages. You can’t provide a list of expenses without providing proof.
Your proof can be medical records, bills, receipts, and the accident report. If you can’t provide proof, you can’t claim the damages.
Providing Evidence in a Personal Injury Claim
Even after proving negligence, you still need to supply additional evidence. This applies whether you’re in negotiations with the insurance company or your case is heading to civil court. Sometimes, you can avoid a lengthy civil trial if you can present enough evidence during negotiations. Insurance companies almost always prefer settling personal injury claims out of court.
So, what type of evidence do you need for a personal injury claim? Here’s a look at some of the common examples.
The Accident Report
Sometimes, you’re not legally required to call the authorities after a vehicle accident. However, every state has different laws, so it’s usually best to stay on scene and file a report with the authorities.
If you’re wondering when you can legally leave the scene of an accident, there are a couple of exceptions. If property damage is minimal, around $500, and there aren’t any injuries or fatalities. The property damage amount does fluctuate, so it’s best to check with state laws.
Your accident report will contain a lot of information, including who’s the at-fault (negligent party). The insurance adjuster is also going to want a copy of the report when you submit a claim. The report also verifies the accident occurred and is the cause of your injuries and property damage.
Medical Records
Your medical records are just as vital to your personal injury claim as the accident report. Your medical records prove you sustained injuries in the accident. Along with your medical records, you also want to keep any bills and receipts. This includes receipts for any prescriptions being used to treat your injuries.
Without this type of documentation, you can’t accurately total your medical expenses. This is also something the insurance company will want to review before offering a settlement.
Property Repair and/or Replacement Bills
Even a minor fender bender in a parking lot can result in significant vehicle damage. Your bumper may only have a dent but your suspension can also be thrown out of alignment. This is only an example of the damage your vehicle can sustain in an accident.
You’ll want to take your vehicle to more than one repair shop. Insurance companies like options, especially when paying out a claim. Along with repair estimates, keep any bills you may have paid. You should be able to get reimbursement for these expenses.
Proving Negligence Doesn’t Need to Be Difficult
Proving negligence without legal assistance is often a nightmare. Remember, you can’t submit a claim without supporting evidence. Regardless of the severity of your injuries, it’s always best to work with an experienced personal injury attorney.
They can help ensure you have the necessary evidence so you can receive fair compensation for your damages.
