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How To Prove Negligence In A Personal Injury Case

Whether your car was hit by a drunk driver, you slipped and fell in a store aisle thanks to a spill that was not cleaned up, or maybe you were injured by a product that was defective, the fact is you are now preparing to file a personal injury lawsuit in an effort to gain compensation. Even if you feel as if your case is open and shut, you and your lawyer must still prove the defendant was negligent. To prove negligence and win your case, here are the five important aspects of these cases.

Duty of Care

First, you must prove the defendant owed you a duty of care. For example, if you had a slip and fall accident, you must prove the accident took place in an area you were not in illegally. Should you be alleging medical malpractice, you must show a doctor-patient relationship had been clearly established.

Breach of Duty

A breach of duty means you must show that the defendant was negligent regarding the duty of care owed to you. In the case of medical malpractice, a breach of duty can be a misdiagnosis or failure to diagnose altogether. In an auto accident, a breach of duty can mean the defendant was driving drunk or distracted.


Next, you will need to show causation, meaning the defendant’s negligence resulted in your injuries. For example, if you fell and got hurt while shopping due to a store leaving a slippery floor without proper signage or warnings, you may need specific details to prove causation. A lawyer like those from Cartee & Lloyd Attorneys at Law would need to show how the defendant’s actions directly resulted in your injuries.

Proximate Cause

This can mean more than one party’s negligence was responsible for your injuries. As an example, a person who was driving a car and hit you may of course be viewed as negligent. However, your lawyer may also find the driver’s vehicle had a manufacturing defect with its braking system, which could also hold the vehicle’s manufacturer liable for your injuries.


Finally, you will need to prove to the court that you did indeed suffer some form of loss due to the defendant’s actions. Known as damages, this can include such things as your medical bills, lost wages from your job, and even the emotional distress you suffered from your accident.

Since a defendant and their legal and insurance team will do everything possible to limit the amount of compensation you receive, always rely on an attorney who is a proven winner in personal injury cases. By doing so, you can hold a defendant accountable for their negligence and gain the money you need to cover your damages.

Author information: Anica Oaks is a professional content and copywriter who graduated from the University of San Francisco. She loves dogs, the ocean, and anything outdoor-related. She was raised in a big family, so she’s used to putting things to a vote. Also, cartwheels are her specialty.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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