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What Is The Most Difficult Aspect Of Proving Negligence?


If you’ve been injured in Orlando, you might be considering a personal injury lawsuit. This is certainly a positive move for many reasons, and it can provide you with the necessary funds to cover your medical expenses, missed wages, and any emotional damages you might have incurred. But with all that said, winning a personal injury settlement isn’t always easy. In order to receive compensation, you need to prove negligence. So what’s the most difficult aspect of proving negligence?

First off, it’s important to realize that your chances of success increase dramatically if you work with a qualified, experienced personal injury attorney. Proving negligence isn’t really your responsibility, and your lawyer will be in charge of making sure you receive your settlement. This means that choosing the right attorney is often the most important step you’ll take as you fight for your rights as an injured victim.

What is Negligence? 

So what exactly is negligence, anyway? An entity is negligent when their behavior causes someone else harm – either through inaction or action. You can think of negligence as being another word for “fault” or “blame.”

The Four Elements of Negligence 

Negligence is divided into four “elements.” In order to successfully prove that the defendant is negligence, you need to show that all four of these elements are present:

  • Duty of Care: First of all, you need to prove that the defendant owed you a duty of care. This means that they had a legal responsibility to act in a reasonable manner that helps other people around them avoid injury.
  • Breach of Duty: Secondly, you need to show that the defendant failed to provide this duty of care.
  • Causation: Next, you’ll need to show that there is a clear link between the defendant’s failure to provide this duty of care and your accident. In other words, they caused you to come to harm.
  • Injuries: Finally, you need to show that this accident led to your injuries. “Injuries” in a legal context can refer to both physical injuries, mental/emotional issues, or economic losses.

So Which is the Most Difficult Part of Negligence to Prove? 

Each case is different, and there’s no easy answer to this question. That being said, injuries should theoretically be the easiest to prove, since you can simply show the court your medical records. Some might also say that causation is difficult to prove, since this requires you to establish a direct link between the defendant’s behavior and your accident. A defendant often tries to escape liability by stating that the injuries would have occurred regardless of their negligence.

Contact an Attorney for Help 

Over the years, we have helped numerous injured plaintiffs in the Orlando area, and we can assist you as you strive for a fair, adequate settlement. Proving negligence isn’t always easy, which is why you need to work with a skilled experienced Orlando personal injury attorney at Payer Law. Book your consultation today, and we can immediately get started on an effective action plan.

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