How Do I Prove Someone was Negligent?

When someone’s actions (or inactions) cause you to suffer some sort of harm (whether it be injuries, emotional distress, financial losses, or property damage), then you may be able to take legal action and recover compensation for your damages. However, you will more than likely need to prove that the party was negligent.

Negligence occurs when someone fails to exercise the level of care that a reasonably prudent person would under similar circumstances. This can involve either careless actions or a failure to act when there is a legal duty to do so. An example would be when someone creates a dangerous situation and then fails to intervene.

Negligence is a core principle in tort law. To determine whether someone acted without reasonable care, courts typically evaluate three key factors: the likelihood that the conduct would cause harm, the potential severity of that harm, and the effort or burden required to prevent it.

In personal injury and other civil cases, the burden of proof is “preponderance of the evidence.” This means that more likely than not, the defendant’s actions were the cause of your injuries.

So, how do you prove negligence? The following four elements must apply:

1. Duty of care. You must first establish that the defendant owed you a legal duty to act with reasonable care. For example, drivers are expected to follow traffic laws and operate their vehicles safely.
2. Breach of duty. Next, you must show that the defendant failed to uphold their duty of care. This could include actions like speeding or ignoring a known hazard on their property. Such failures constitute a breach of duty.
3. Causation. You must prove that the defendant’s breach directly caused your injury. This involves two components:
4. Cause-in-fact: Showing that the injury would not have occurred “but for” the defendant’s actions.
5. Proximate cause: Demonstrating that the injury was a foreseeable result of the defendant’s negligence.
6. Damages. Finally, you must show that you suffered actual harm as a result. This can include medical expenses, lost wages, physical pain, and emotional distress.

There are several forms of evidence you can use to prove negligence:

• Witness statements. Testimony from those who observed the accident or the events leading up to it can play a vital role in clarifying what happened.
• Photographic evidence Images or footage from the accident scene can illustrate hazardous conditions, property damage, or the defendant’s actions at the time of the incident.
• Documentation. Medical records, accident reports, and expert evaluations help establish the severity of your injuries and negligence on the defendant’s part.
• Police reports. If law enforcement responded to the incident, their report can provide objective details and initial findings to support your claim.

Contact Us Today

In personal injury cases, insurance claims, business litigation, and breach of contract cases, negligence typically needs to be proven. You need someone on your side who can serve as your advocate.

A Charleston civil litigation attorney from Wyndham Law Firm, LLC can prove negligence in your case. I can help you with all types of general civil litigation in state and federal courts. To schedule a consultation with our office, contact us via (843) 279-5312 or online here.