What Is Negligence and How Do You Prove It?

A lawyer explaining negligence and how to prove it to a client Negligence is an important element in many lawsuits. You must understand this critical concept to recover damages due to someone else’s oversight.

Johnson & Biscone’s experienced legal team is skilled in unpacking complex ideas like negligence. We also excel in helping our clients prove negligence to protect their rights and secure compensation for their injuries. Find out more about this legal term below. 

What Is Negligence?

Negligence describes a person’s failure to take reasonable care to avoid causing injury or loss to someone else. 

This concept is prevalent in personal injury law. It’s pivotal to determining the outcomes of these cases.

How Do You Prove It?

The plaintiff must establish four key elements to prove negligence:

  • Duty of Care: The defendant had a legal duty to the plaintiff
  • Breach of Duty: The defendant breached that duty by acting or failing to act
  • Causation: The defendant caused injury or harm with their action or inaction
  • Damages: The plaintiff suffered a quantifiable injury or loss

Consider a driver who runs a stop sign and causes a collision. The duty of care was to stop at the sign. The breach was failing to stop. The causation links the failure to stop to the crash. The damages include the injured driver’s medical bills, lost wages, and vehicle repair expenses

What Is Comparative Negligence?

Oklahoma is a comparative negligence state. 

Comparative negligence allocates fault among multiple parties, each of which contributed to an accident or injury. A plaintiff’s potential compensation for damages is reduced by a percentage reflecting their share of responsibility.

Why You Need a Personal Injury Lawyer

Hiring a personal injury lawyer is crucial in cases involving negligence.

They can assist with gathering evidence, negotiating with insurance companies and arguing the case in court. Having an experienced lawyer handle the proceedings also lets you focus on recovery rather than the stress of legal battles.

Schedule a Case Review in Oklahoma City

Are you dealing with a situation that might involve negligence? Don’t try to navigate it alone. 

Contact Johnson & Biscone at 405-232-6490 today to schedule a comprehensive case review. 

Our experienced attorneys are ready to provide the guidance and representation you need to secure the justice you deserve. Let us help you understand your rights and legal options.

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Oklahoma City, OK

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