Proving Negligence in Personal Injury Claims: What to Know

An injury caused by another person’s negligence is a frustrating and sometimes tragic event. A personal injury action can provide you with the financial compensation after an injury.

However, to prove someone’s liability for personal injury, the legal elements of negligence must be present. An attorney can provide you with assistance in gathering evidence and proving your claim.

What are the elements of negligence?

To prove negligence, the first thing that you should do is show that the at-fault party owed the victim a duty of care and that they breached this duty. Next, you or your legal representative should prove that the at-fault party’s actions directly caused the injury, and you must also show proof of damages suffered because of that action.

What is the duty of care?

Duty of care refers to the legal responsibility of an individual to protect another person and prevent them from sustaining an injury. The specifics of this duty depends on their relationship and the circumstances around it. For example, a person driving others from one place to another has the duty of care to abide by traffic rules. A person who owns a dog and is walking his pet down the street must mind their pet’s actions.

How does a breach of the duty of care happen?

Breaches happen when the at-fault party violates the duty of care. For example, if the driver from the previous example does not pay attention to the traffic signs or ignores traffic rules, they are in breach of the duty of care. A judge or jury will consider what the ‘reasonable’ thing to do is in the situation and determine if the at-fault person is liable.

How do you prove a breach of duty of care?

You can provide details and documentation about your injury to a personal injury attorney, who will know how to look at these items. Medical records, the accident report, photographs, and other related documents can help a lawyer put an argument together and connect the injury with the at-fault individual’s actions.

What else should I know?

For negligence claims, you must prove that your injury has caused you damages. The effects you cite can be readily quantifiable things like loss of earnings and medical expenses, but it can also be less so, like emotional trauma and suffering.


Car accidents and personal injury is always a difficult situation. Pursuing an action in court might be the last thing you’d want to do; however, a personal injury claim can help recover the compensation you deserve.

For legal representation on personal injury claims, contact Harris Guidi Rosner, P.A.. Our team of lawyers in Jacksonville, FL, has over 30 years of experience obtaining recovery for our injured clients. Contact us today to schedule a free consultation.

Harris Guidi Rosner

Harris Guidi Rosner, P.A. was founded in 1986 and our team of Jacksonville lawyers has never forgotten that the foundation of our practice was built on both the relationships we’ve built with our clients and the results we’ve delivered.