How Do you Prove Negligence in an Injury Case?

Moving on after an injury can be painful and difficult — especially if the injury happened because of someone else’s carelessness. If they had done their job correctly or paid attention to the situation, you might not be where you are now. You probably have multiple questions, from How do you prove negligence in an injury case? to How is negligence determined?

What Is Negligence?

Negligence is the failure to act with the care and attentiveness that a typically cautious person would apply in a situation. Negligence may be an action (something the person did) or an omission (something they failed to do).

For example, imagine you have slipped and fallen on a recently washed grocery store floor. If the store employee failed to put up a sign warning you about the wet floor, they committed negligence of omission.

Not every action or omission counts as negligence. Attorneys determine negligence by assessing three things:

• The likelihood that the action or omission would hurt someone
• The potential severity of the damage
• The burden of reducing harm.

Take the example given above. A wet floor could easily cause serious harm. The burden of prevention depends on whether the store trained the employee to display a sign. If so, the employee shares at least some responsibility. If not, the store is at fault.

How To Prove Negligence?

Proving negligence requires verifiable proof that the defendant’s action or omission caused you harm. In Texas, where Terry Bryant Accident & Injury Law practices, you must also prove the defendant’s percentage of fault.

Texas is a proportionate responsibility state. In a proportionate responsibility state, negligence damages depend on each person’s level of fault. You cannot collect damages if the court finds you more than 50% at fault for what happened.

Take the slip-and-fall injury above. If the store employee posted a “wet floor” sign, but you failed to notice it because you were checking your phone, the court may determine that your inattention caused the accident.

Some situations have more than one at-fault party. When you file your lawsuit with the court, the judge or jury will determine each party’s percentage of fault. That includes you and any defendants. The defendant also has the right to designate a responsible third party not named in the lawsuit.

Going back to the slip-and-fall incident, assume you file a lawsuit against the store – because the negligent conduct of an employee who failed to put out a wet floor sign when they mopped. The store then decides to name its floor wash cleaning product manufacturer as a responsible third party, claiming the manufacturer’s packaging and instructions said the floors would dry in 3 minutes – when in actuality, floors remained wet and slippery for another 15 minutes. If the judge or jury accepts the allegation, it can affect the damages the store has to pay.

The court may also reduce your damages if you share a percentage of fault. For instance, if you are 30% at fault for a car accident, you may have to forfeit 30% of your awarded damages. That would take a $10,000 award down to $7,000.

The best way to maximize your payout is to retain an experienced personal injury attorney. At Terry Bryant Accident & Injury Law, we have recovered more than $1 billion for clients.

How Is Negligence Determined?

To claim negligence in an injury case, four legal elements must be present. At Terry Bryant Accident & Injury Law, we refer to them as “the four D’s” to make them easier for clients to remember.

1. Duty

Negligence cases begin with a duty of care between you, the person filing the lawsuit, and the defendant you are suing. This can be a professional duty, as in situations of medical malpractice or nursing home abuse, or a societal duty such as the duty to drive responsibly.

2. Deviation (or “Breach”)

To be negligent, the person must deviate from their responsibility of expected care. A driver deviates from the duty of care if he fails to check for oncoming traffic before making a turn. A doctor deviates if she fails to rule out other potential causes before prescribing treatment.

3. Direct Cause (or “Causation”)

As the plaintiff in an injury lawsuit, you must prove the defendant’s negligence caused your injuries.

For example, suppose a child climbs on broken playground equipment. She falls and breaks her arm. The parents could sue the owner of the playground — perhaps the town — for negligence in maintaining the property.

However, if the playground is under repair and there are adequate signs and barriers notifying families, those parents may not have a case.

It’s important to speak with qualified personal injury lawyers to determine if a direct cause is present.

4. Damages

You also need to prove that the incident caused you measurable harm. Emotional pain and suffering can be part of a personal injury lawsuit, but there also must be some level of monetary loss.

Take the example above, a child falling from a playground structure. If the child emerges unhurt and there are no medical costs involved, the family cannot sue for the emotional distress of seeing their child fall.

There must be physical and financial damages, such as the cost of an emergency room visit or lost wages if the parent has to stay home and care for the child.

Proving Negligence in an Injury Case

If your situation touches on all four D’s, you probably have a negligence case. Start gathering all medical documentation and records of what happened, including the names and phone numbers of anyone you know who witnessed the incident.

So, is it hard to prove negligence? It can be challenging if you don’t have sufficient evidence. But if you can collect sufficient proof of the defendant’s wrongdoing, you have the best possible chance of success. That’s why it’s so important to collect statements and police reports at the scene of a car accident, and medical records after a potential incident of malpractice.

Collecting evidence can be more challenging after the fact, especially for incidents like slip and falls that are typically less well documented. Our personal injury lawyers can guide you through the process and perhaps identify sources you didn’t know you had.

Negligence-induced injuries are frustrating, but we can help. Don’t wait another day to pursue the compensation you deserve. Call us now at 713-973-8888 or toll-free 1-800-444-5000 to get a free, confidential, and honest assessment of your case.