At Hobbs Law, our team represents victims and plaintiffs in personal injury cases. We handle many types of personal injury cases, including ones involving:
- Car accidents,
- Truck accidents, and
- Dangerous conditions on properties or premises.
Negligence is often at issue personal injury cases. Different elements must be established for the plaintiff to succeed on a negligence claim, as explained below.
What is Negligence?
Personal injury cases often involve conduct that is known as negligence. To prevail, the plaintiff must prove the following elements:
- Duty;
- Breach;
- Causation; and
- Damages.
So, the defendant must act or fail to act in some manner that constitutes a breach of a duty that the defendant owes to the plaintiff. The defendant's act or omission is the cause of the plaintiff's harm.
For example, a truck driver on the interstate is obligated to refrain from driving over the speed limit because such conduct is a breach of the duty that he owes to other motorists. If the truck driver slams into the back of a car in stopped traffic and the driver of the car suffers a traumatic brain injury, the truck driver is negligent.
The driver of that car has viable claims against the truck driver and possibly other defendants, including the truck driver's employer. When the driver of the car pursues such claims (e.g., negligence), she becomes the claimant or plaintiff.
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