How Do I Prove Negligence in a Personal Injury Claim?
Pennsylvania is a fault-based personal injury state. You can hold an at-fault party legally liable for your accident, but you will generally need to establish their negligence to assert liability. This raises an important question: What do you need to show to prove negligence in a personal injury case? Our Franklin County personal injury lawyer can explain how to prove negligence in a personal injury claim in Pennsylvania.
Four Elements of Negligence in a Personal Injury Claim in Pennsylvania
Duty
In Pennsylvania, the first step is proving that the defendant owed a legal duty of care. A duty arises when the law requires a person to act with reasonable care under the circumstances. For example, drivers owe a duty to operate vehicles safely. As another example, businesses and property owners owe duties to maintain reasonably safe premises. The existence and scope of duty depend on the relationship between the parties and the specific risk that caused the injury.
Breach
A breach occurs when the defendant fails to meet the applicable standard of care. In practical terms, this means acting unreasonably or failing to act when required. In Pennsylvania, breach is evaluated by comparing the defendant’s conduct to what a reasonably prudent person would have done in the same situation. Every accident in Franklin County should be thoroughly investigated.
Causation
Causation requires proof that the defendant’s breach caused the injury. Pennsylvania law requires both factual causation and legal causation. The injured victim must show that the harm would not have occurred but for the defendant’s conduct and that the injury was a foreseeable result of that conduct.
Damages
Finally, injured victims need to prove their damages. A personal injury claim in Franklin County is only viable to the extent that a victim has damages. You will need to prove not just the existence of the damages but also the severity of your damages. Only when you have done so will you be able to secure the maximum available financial compensation.
Recovering Full and Fair Compensation in Pennsylvania
Proving negligence is key to a personal injury claim in Pennsylvania. However, it is not the only important step in the process. Injured victims in Franklin County also need to prove the full extent of their damages. Only after doing so will you be in the best possible position to secure the maximum possible financial recovery. Along with other compensation, injured victims in Pennsylvania may be able to recover damages for:
- Property damage;
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Physical therapy;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Call Our Franklin County Personal Injury Attorney for a Free Case Review
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County personal injury attorney is standing by, ready to investigate your accident. We will gather the evidence that you need to prove negligence. Contact us now for a free, no-obligation, and completely confidential case review. We handle negligence claims throughout Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.