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Filing a negligence claim after an accident

On Behalf of | Nov 3, 2020 | Motor Vehicle Accidents |

If you have been injured in an accident, it is assumed that your injury was caused by something unexpected or unintentional. However, that doesn’t mean that no one should be held responsible for what happened. In fact, many car accidents, slip-and-falls, and nursing home accidents, are caused by the negligent actions of another person.

While the person may not have intended to injure you, they acted irresponsibly or recklessly and should be held liable for any damages they caused. A personal injury attorney in Indiana can help you file a negligence claim to recover damages following your accident.

Proving the elements of negligence

If you decide to pursue a legal claim against the parties at fault for your accident, your attorney will likely have to establish that their negligence contributed to the accident and your resulting injuries. To prove a claim for negligence, you will need to establish:

  • Duty – First, you must show the defendant named in your suit owed you a duty. For example, motorists owe a duty to other persons on the roadway to operate their vehicles safely.
  • Breach – Next, you must show the defendant breached the duty owed to you. If a motorist was texting and driving and struck your vehicle, they breached their duty to operate their vehicle safely.
  • Causation – Additionally, you will need to show the defendant’s negligence directly and proximately caused your accident. For example, you can show the accident would not have occurred had it not been for their actions and that the accident was foreseeable.
  • Damages – Lastly, you will need to establish that you suffered damages as a result of the accident (e.g. physical injuries, emotional distress, and lost wages).

Proving negligence can be challenging, but an experienced attorney can help build a strong case in your favor to help you recover the compensation you deserve after an accident.