How to prove negligence in a personal injury claim

The foundation of any personal injury claim is one of negligence. You must show that the party who caused your injuries was negligent in some way and, therefore, responsible. The uncertainty of how to prove negligence in your personal injury claim may stop you from seeking legal guidance if you think you don’t have enough evidence. However, the Nashville personal injury lawyer with Weir & Kestner Injury Lawyers is skilled at investigating your incident and finding the necessary evidence to support your claim. 

Negligence in Nashville personal injury claims

Evidence of an act of negligence by the offending party is what makes a successful personal injury case. The Code of Federal Regulations states that negligence is an action (or inaction) that a reasonable and prudent individual in the same position would not perform. To demonstrate negligence, you must establish four components:

• Duty of care: The person has a legal obligation to exercise a reasonable amount of care to prevent harm or ensure safety. For example, drivers have a duty to abide by traffic laws to prevent accidents.
• Breach of duty: If the responsible party ran a red light, they violated their obligate duty of care. In other types of cases, this may include the owner of a vicious dog who fails to leash it appropriately, resulting in a bite, or a property owner who fails to replace a loose handrail that causes a fall. 
• Cause: Cause means this breach of duty was the cause of the injuries. If running the red light or letting your dog loose caused an accident or bite, resulting in injury, this is the causal relationship.
• Damages: This may include the cost to repair or replace your vehicle, medical bills, or damages for pain and suffering.

Evidence to establish negligence in your personal injury case

In our car accident example, while it may seem obvious that the person running the red light was negligent, you must provide evidence. Some of the evidence our attorney may request includes:

• Police report
• Medical records
• Photos
• Witness statements
• Videos from security footage
• Expert witness testimony

All of this information may be used to support your case. When your attorney can work with you to provide a strong foundation from the beginning, it may help you resolve the claim sooner and with a larger payout than you may otherwise receive. This is especially true if you can save expenses related to a trial. 

Burden of proof

The evidence you gather must meet the standard of proof for your type of case. We are all familiar with the criminal standard of ‘beyond a reasonable doubt,’ but the Jury Trial Checklist for civil cases in Tennessee explains that you must show a preponderance of the evidence that connects your injuries to the other party’s actions and not any other cause. 

Other factors in your personal injury case

Beyond the typical considerations for how to prove negligence in a personal injury case, you may need to consider additional factors that can affect how and when your case is presented. One of the most critical considerations is time. Tennessee has civil statutes of limitation that range from one to six years, and failure to bring your case to the courts within those timelines could result in waiving your rights to compensation.

Additionally, Tennessee observes a comparative fault model for liability. This means that your compensation may be affected based on the degree of your contribution to your accident. If you have contributed to your injuries, your attorney may adjust the strategy of your case to help minimize your liability. 

The insurance company is not on your side. Their primary goal is to protect their assets and reduce payout, and they are usually willing to do that at your expense. It is wise to be mindful and cautious about what you say to them without consulting an attorney. If you have representation, your personal injury lawyer can handle all conversations with you or on your behalf. 

Get legal support today 

We established Weir & Kestner to provide an assertive approach to legal support. Everyone in our firm is committed to working with our clients to formulate an individualized strategy that meets the needs of their case. We treat you with the respect, integrity, and honesty you deserve when trying to hold liable parties accountable for hurting you. 

While it may be apparent in many ways, there is an incredible amount of nuance to successfully proving negligence in a personal injury case. If you have questions or concerns about your case, who is liable, or how to prove negligence from the other party, contact Weir & Kestner Injury Lawyers for a free case consultation to help you explore your options. Use our online form or call (615) 220-4180 today.