In a personal injury case based on negligence, a victim must establish the four elements of negligence to receive compensation for their injuries. These elements are duty of care, breach of duty, causation, and damages. A personal injury attorney can explain your options for pursuing compensation.
What Are the Four Elements of Negligence in a Personal Injury Case?
With any personal injury case, a victim must establish that someone else’s actions or wrongdoing caused them harm. One theory used in personal injury cases is negligence. To obtain compensation after someone else’s negligence caused your injuries, you must show that your injuries meet the elements of negligence.
Using a car accident as an example, let’s say a driver (the defendant) was illegally texting while driving and caused a crash that resulted in injuries to another person (the victim). Although this scenario may seem straightforward, the victim must establish negligence by proving these four elements:
- The Defendant Had a Duty of Care – Duty of care refers to the defendant’s obligation to act with reasonable care to prevent harm to others. In a car accident case, the defendant had a duty to, among other things, obey traffic laws and drive attentively to keep others safe.
- The Defendant Breached their Duty – A breach of duty occurs when a defendant fails to uphold their duty to act with reasonable care. In our car accident example, the at-fault driver breached their duty by taking their eyes off the road to text.
- The Defendant’s Breach Caused the Accident and the Victim’s Injuries – This third element, causation, means that the defendant’s breach of duty directly led to the accident, so, therefore, they caused the victim’s injuries. In the car accident case, the defendant’s decision to look at their phone to text while driving caused them to lose focus, resulting in the crash, which caused the victim’s injuries.
- The Victim Suffered Damages – In the final part of the four elements of negligence, for a victim to recover in a personal injury lawsuit, they must have suffered losses related to their injuries (damages). In our car accident example, the victim sustained injuries that required medical treatment, forced them to take time off work, and caused them to develop a fear of driving. So, the victim may seek compensatory damages, including medical expenses, lost wages, and pain and suffering.
How Do You Prove the Four Elements of Negligence?
In a personal injury case, the victim must meet the burden of proof, meaning they must provide enough evidence to show that the defendant was negligent. The victim has the burden of proving by the greater weight of the evidence that the defendant was negligent and that the defendant’s negligence was a cause of the accident and any of the injuries to the victim.
Some examples of evidence for a car accident injury case include:
- Witness testimony from an accident reconstruction expert to show that the other driver caused the accident
- Phone records that show the defendant was texting
- Medical records that show the extent of injuries
- Financial documentation to prove lost income
Are There Different Types of Negligence?
When discussing negligence, it’s important to mention other types of negligence, including:
- Contributory negligence occurs when the injured party shares some blame for the accident.
- Willful and wanton negligence means acting with a reckless indifference to the consequences to another person when the defendant is aware of his conduct and is also aware, from his knowledge of existing circumstances and conditions, that his conduct would probably result in injury to another. An example of this might be a road rage incident where a defendant rear-ended another driver. In this case, punitive damages may be pursued in addition to compensatory damages.
- Vicarious negligence or liability is when someone who didn’t cause the harm is still held liable for the harm, such as an employer. For example, if an employee of a company while on the job causes an accident, the company can potentially be held liable for the employee’s negligence.
A personal injury lawyer can help you determine who is at fault, what kind of negligence was at play to cause your injuries, and what types of compensation may be pursued.
What Is Negligence Per Se?
A person is guilty of negligence per se when they violate a law, often set forth in a statute or ordinance, designed to protect others and the negligence caused somebody to be injured. Unlike standard negligence, the victim only needs to prove that the defendant broke the law and that the defendant’s negligence caused the victim’s injuries.
For example, texting while driving is illegal because it can distract drivers. So, the defendant in our scenario is automatically considered to have breached their duty to drive safely and is considered to have been negligent per se.
How Is Compensation Affected by the Negligence Involved?
The type of negligence involved in a personal injury case can impact a victim’s ability to recover compensation. If negligence per se applies, proving negligence will be easier. A defendant’s negligent conduct may amount to willful or wanton conduct that would entitle an injured person to pursue punitive damages in Virginia. If the defendant was acting as someone’s employee at the time of the accident, vicarious negligence could mean that their employer is on the hook for some of the victim’s accident-related losses. If the victim played a part in causing the accident, if their negligence at all contributed to the accident, they cannot be compensated.
Can You Seek Compensation for Negligence If You Were Not Injured?
Personal injury claims require losses. So, even if you weren’t physically injured, you may still have experienced pain and suffering. An experienced personal injury attorney can determine whether you have a valid claim for compensation based only on the mental effects of the accident.
What If You Were Partly Negligent for the Accident That Caused Your Injuries?
Washington DC, Virginia, and Maryland follow a pure contributory negligence rule. This means if you share fault for an accident, you cannot recover compensation. Because this law exists, it’s a good idea for victims to work with an experienced personal injury attorney who can build a strong case and refute claims that they share liability.
Contact a Virginia Personal Injury Lawyer
Marks & Harrison has been serving accident victims since 1911, recovering millions for clients across Virginia, Maryland, and Washington DC. Our team is comprised of more than 30 attorneys and over 100 support staff — including research attorneys, in-house investigators, and former insurance company lawyers — all dedicated to helping you maximize your compensation.
Despite our firm’s size and success, we prioritize personalized care for every client, and our testimonials speak to our exceptional service. If you’ve been injured because of someone else’s negligence, let us protect your rights and help you pursue maximum compensation. Contact us for a free, no-obligation consultation.
