You are injured. Damages were inflicted upon you, and it was not your fault.
Seeking legal compensation is good, but it can get scary fast with all the legalese.
For negligent tort cases, that means proving your injury/damages and how you got them.
To do that, you need to know what kind of case you have and the court’s language.
Negligent Tort Meaning and Your Case’s Steps
Because you injured or suffered damages, you’re already in the tort law area. That just means that something bad happened, and someone else is responsible.
The negligent tort is a subpart of tort law focused on harm due specifically to negligence. There are five elements of negligence that you have to prove to win.
#1 Duty
This element of negligence proves that the defendant had a duty of care to you. That just means they had a legal duty to act responsibly. Then you have to prove that they didn’t fulfill that duty.
This is the first step in your case. Proving that the defendant had a duty of care that could be violated by their negligence.
#2 Breach
The breach element of negligence references to the breach in their duty of care. Here is where you prove that their negligence violated that duty.
If you’ve already established the defendant had a duty of care, you need evidence that they didn’t hold to it. This is where your personal injury attorney will use your injury as proof of such breach.
#3 Cause in Fact, or Factual Causation
This one is to prove that the negligence had a direct consequence of harm or injury. It tells the court that if it weren’t for the negligence or harmful action, there would not have been an injury.
If you’ve established the duty of care, and the breach, then this is where you’ll prove how you were injured. Your personal injury attorneys will link it directly back to the defendant.
#4 Proximate Cause, or Legal Causation
Once you proved the above, next you prove the defendant has a legal obligation toward your injury.
On the outside, it looks the same as Cause in Fact. Your attorneys will once again prove the negligence had the direct result of your injury.
But this time they will prove that logic and fairness say they are responsible legally.
Let’s say you were in a car crash and were hurt. You can prove you only crashed because the car’s brakes were faulty.
This step makes it clear to the court that those who made the brakes are legally responsible. Because of this, the court now has to hold them accountable.
#5 Harm
This last one is straight forward. It proves that you suffered harm or injury.
This secures proof of harm. It also defines exactly what damages were caused by the negligent.
By establishing that, you are establishing exactly what needs to be compensated. This will be very important in those negotiations.
It Doesn’t Have to Be Complicated
Now that you know, you can work with your attorney to win your case! Negligent tort doesn’t have to be intimidating. Go now and fight for your compensation.
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