Introduction to Negligence Claims
When you sustain an injury in an accident, you can file what is known as a negligence claim to secure compensation for your personal injuries. Common negligence claims include auto collisions, slip and falls, and medical malpractice cases.
If you or a loved one has been hurt by another person’s carelessness or failure to act, a negligence claim is a valuable tool to recover your financial losses and other related damages. This is why understanding the elements of a negligence claim and how they impact your ability to secure compensation is important.
Our compassionate personal injury attorneys are here to help you navigate the negligence claim process and handle the legal intricacies of your case. With our 50+ years of experience, our team is committed to fighting for justice on your behalf. Call our law office today at 651-437-3148 to learn more about Sieben Polk P.A., who we are, and how we can serve you and your family.
What is Negligence?
Negligence in law refers to the careless action or inaction of a person or entity that leads to a breach of their duty of care.
For example, all drivers have a duty to operate their vehicles safely and avoid harming others on the road. When a motorist chooses to drink and drive, they breach their duty of care owed to other motorists and put others on the road at risk of an accident.
Negligence claims can take many different forms, including the following:
- Medical malpractice
- Failure to maintain property
- Defective products
- Driving under the influence of alcohol or drugs
- Texting and driving
- Senior living abuse
Regardless of the type of negligence that occurred, you may have a right to compensation if you suffered an injury due to another person’s actions. To protect your legal rights, schedule a free initial consultation with a knowledgeable attorney at Sieben Polk Law and learn more about your personal injury case options.
The 4 Key Elements of a Negligence Claim
To establish negligence, you need to prove four specific legal elements. Each element–duty, breach, causation, and damage–forms the foundation of every personal injury claim.
Duty of Care
Before filing a negligence claim, you must prove that the party who caused you harm owed you a duty of care. A duty of care is owed in most negligence cases, but different scenarios may require different standards of care.
For example, a property owner owes visitors a duty of care to ensure their premises are free of hazards. Similarly, drivers owe other motorists a duty of care to operate their vehicles in a manner that’s safe and avoids putting others at risk of a car accident.
Breach of Duty
To establish a negligence claim, you must also show that the other party breached their duty through action or inaction. A breach of duty occurs when a party fails to meet a duty of care, risking serious harm to others.
For example, those who text and drive put surrounding motorists at risk of harm by increasing the likelihood of an accident. Similarly, medical professionals who fail to properly diagnose a patient may create a serious risk to the patient’s health and can be held accountable for breaching their duty of care.
Because proving a breach of duty depends on the specific facts of your case, such as what actions were taken and what risks were created, it’s important to speak with an experienced attorney about your case to ensure that you file within the Minnesota statute of limitations. Call Sieben Polk Law today for more information.
Causation
You must link the other party’s breach to your injuries and damages. To prove the other party’s breach caused your losses, you must show that the harm you suffered wouldn’t have happened if the other party fulfilled their duty of care.
Establishing causation in negligence claims is crucial for securing compensation. The different types of damages that result from negligence claims can include physical or emotional injuries as well as property damage, which we will look at in more detail below.
Damages
In a negligence case, your losses are known as damages. Damages can take many forms, with the most common being compensatory damages, which fall into two categories: economic and non-economic.
Economic damages include the tangible losses you experience, such as medical bills, property damage, and lost wages. Non-economic damages are more subjective and cover losses like pain and suffering, emotional trauma, and loss of consortium.
In some cases, a court may award punitive damages to punish the defendant for particularly egregious acts and deter similar behavior in the future.
Contact our law office today to learn more about our proven results in negligence cases, including noteworthy verdicts and settlements related to negligence claims.
How Sieben Polk Law Can Help You with Your Negligence Claim
Our skilled attorneys are here to assist you with a negligence claim and ensure that your case is handled with the care and attention it deserves. We combine personalized legal services with the essential resources of a law firm to safeguard clients’ rights.
Contact us today and schedule a free initial consultation to learn about Sieben Polk P.A. and how we can help. You don’t pay us unless we obtain compensation for your claim, so do not hesitate to reach out today.
