If you were injured in an accident in North Carolina because of someone else’s actions, you might be contemplating filing a personal injury claim for negligence.
You are likely familiar with the terms “personal injury” and “negligence,” but understanding what they mean for you in your pursuit of justice and compensation is probably more foreign.
In this article, we break down the elements of negligence, provide examples, and explain why proving the four elements of negligence matters.
What Are the 4 Elements of Negligence?
Most personal injury lawsuits rely on a theory of negligence to demonstrate how someone else’s actions caused your accident and injuries and why you should receive compensation from them.
As the injured plaintiff, you must prove the four elements of negligence in a successful personal injury action. Below, we dissect those four elements of negligence with examples.
Duty
The first element of any negligence action is establishing that a duty existed. The plaintiff must show the defendant had a duty of care or legal responsibility to act in a specific manner to prevent harm to others. The duty of care will vary depending on the circumstances and type of personal injury claim you are pursuing.
A common example of duty is operating a motor vehicle. Drivers have a legal duty to operate their vehicles safely, including obeying traffic laws, in order to prevent injury to others.
Breach
Establishing the existence of a duty is usually pretty straightforward. If a plaintiff can do this, they must then show that the defendant breached that duty. A breach is a deviation from the accepted standard of care.
Following our driving example above, if a person drives while under the influence of alcohol or runs a stop sign, they have most likely breached the legal standard of care.
Causation
If you can successfully establish the first two prongs, as an injured plaintiff, you must then prove the defendant’s breach directly caused your injury. Proving causation can be challenging under certain circumstances and is not always immediately apparent.
For instance, if you are t-boned on the driver’s side of your car by an intoxicated individual and suffer severe injuries, it is pretty clear the drunk driver caused your injuries.
However, on the other hand, if you are rear-ended at a low rate of speed and sustain a herniated disc but have a prior history of back pain, it can be more challenging to prove the defendant’s actions caused that bulging disc.
Proving causation can often require extensive investigation, discovery, and the use of expert testimony. Our experienced attorneys will assess your case and determine how best to prove that the defendant’s conduct was the proximate cause of your injury.
Damages
Finally, if you can prove the first three elements, you are only three-quarters of the way there. You will only have a successful personal injury claim if you can also prove your damages.
Damages are the actual calculable and intangible losses you suffer due to injury. Examples of damages can include medical expenses, lost wages, pain and suffering, lost companionship, and more. Keeping with our car accident example, an injured plaintiff must be able to prove that they experienced pain and suffering, incurred medical expenses, lost wages, and lost the ability to work due to the car accident.
If you establish all four elements, you will have a successful personal injury lawsuit. However, connecting the dots between the accident and your damages can be challenging and complex. A seasoned attorney can help you maximize your chance at success.
Pure Contributory Negligence
Injured plaintiffs in North Carolina may have a particularly challenging time pursuing damages in a personal injury action because North Carolina is one of the few states that follows a pure contributory negligence rule.
In North Carolina, if a court finds a plaintiff to be even 1% at fault for the accident, they may be barred from recovering any damages. In other words, even if the defendant is 99% liable for the accident, you may be unable to pursue compensation if you contributed just 1% to your injuries. It is a stringent standard that only a few states follow.
Common Types of Personal Injury Actions
Many types of accidents and scenarios can give rise to a personal injury claim, most of which will rely on proving the elements of negligence. Common examples of accidents in which you will need to prove negligence include:
- Car accidents,
- Truck accidents,
- Bicycle and pedestrian accidents,
- Dog bites,
- Slip and falls,
- Swimming pool accidents,
- Defective products,
- Failure to warn of potential injuries,
- Nursing home neglect, and
- Wrongful death.
Remember, this list is not all-inclusive. Even if you don’t see your accident above, you may have a valid personal injury claim if you were injured because of someone else’s misconduct.
Contact Our North Carolina Personal Injury Attorneys
At Mehta & McConnell, among other awards and accolades, we were selected for North Carolina Super Lawyers in 2023. We provide personalized and individual attention to every client. Contact us today to schedule your no-cost, no-obligation initial consultation.
Viral Mehta
Viral Mehta is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. He enjoys spending time with friends and family, traveling, sports, and reading.
Rate this Post
Loading...