When it comes to personal injury cases, the term negligence is bound to be involved. Negligence has very specific meanings when it comes to the law. In order to win a negligence lawsuit, a plaintiff must prove the defendant was responsible for an accident or injury, and further prove that the accident caused harm.
Negligence has five components: duty, breach of duty, cause-in-fact, proximate cause, and damages. If the injured party fails to establish any of these elements, they will likely lose their lawsuit. In an injury case caused by negligence, the defendant must have had a duty to the plaintiff and failed in that duty in such a way that it caused an accident or directly led to circumstances that resulted in injury.
If you or a loved one have been injured in an accident in which someone else is at fault, contact Scott Mullins, a personal injury attorney, today.