Negligence measures the liability or responsibility of the offender to the victim. When the victim has the right to file for a claim due to the accident and injuries he or she suffered, it is hard to get the compensation because of many stipulations under the law before judging that the other party was really negligent.
Personal injury lawsuit can only be proceeded if there is provable cause such as you were injured and suffered physically, mentally, financially and even exacerbation of the suffering. Also, it will only be a personal injury legal matter if there was someone else involved in the accident or incident that catapulted your suffering. He or she must be responsible in taking action or inaction that caused you from such suffering. His actions can prove that he failed to do or not do what he is expected to do and resulted in an injury or suffering of another person- in legalities that is NEGLIGENCE.
There are 4 basic elements of negligence:
1) Duty of care
Duty is an obligation of a person to act in the best interest of another. The duty is glued from social customs, philosophy, and religion . It is a thread that binds humans to one another in community . It also constrains and channels behavior to responsibly act based on social norms. Therefore, duty may or may not be written in the form of law but is implicitly applied in the society. It is the duty of one person to take care of his actions so that he or she will not pose damages to someone else. At any aspect of action, duty is an imperative obligation each of us are liable at.
2) Breach of Duty
Negligence is actually taken when the duty is breached. When the action or inaction of a person breached the duty of care and inflict damages on the other party and whether it was intentional or not, negligence has been manifested. The misconduct cause harm that results in physical or other sufferings. This means that actions that are not reasonable under a circumstance will be considered as a breach of duty.
It is not enough to acknowledge that there was a duty and a breached of it. It has to be proven by the plaintiff. Damages, losses, sufferings and other adverse effect experienced by the plaintiff should be directly caused by the defender and that it was not just a remote consequence of the action. The “proximate cause” of the harm is measured to prove negligence. Proximate cause means that the action directly inflicted the suffering. Otherwise, it will not be considered as negligence on the part of the defender.
The harm was caused by the defenders action or inaction. It has to be proven through damages, body injuries, and medical records that can prove that it was experienced after the defender breached his duty to care.
On the other hand if you are a plaintiff you must ensure that you were not negligent in performing your duty to care. It's not because you suffered the jury will be at your side, there are also legal defenses that can argue your claim for compensation. That's why you will need a personal injury lawyer to show evidences and witnesses that the defender acted with negligence.