Many Kentucky residents will be unexpectedly injured during their lifetime. When these injuries are the result of someone else’s negligence, as might be the case in a car accident, the injured party may want to file a negligence claim But there are certain elements that need to be present in order for the negligence claim to be brought up.
In order for a person to file a negligence case there are certain elements that need to be present. The first is that the defendant owed a duty to the plaintiff, in which the defendant needed to act in a certain manner towards the plaintiff. The second element is that a defendant breached the duty owed to the plaintiff. A defendant would need to have not exercised reasonable care in their duty to the plaintiff. The third element is the plaintiff needs to prove that the defendant’s actions were the cause of the plaintiff’s injuries. Next the plaintiff needs to prove proximate clause. This is where the defendant causes harm to the plaintiff that could have been foreseen. If the injuries are more remote then they cannot be held responsible. Finally, the plaintiff needs to show that the accident resulted in damages.
An unexpected injury because of someone’s negligence is a serious matter. Sometimes a negligence case can be filed in order for a person to pursue damages for their injuries and unexpected expenses.
There are several elements that need to be present in order for someone to bring a negligence case against someone else. When these elements are present, compensation may be sought for the victim’s medical expenses, pain and suffering, lost wages and other damages.
Source: FindLaw, “Elements of a negligence case“, accessed on April 23, 2018