Proving negligence in case of an accident can be such a difficult task. Sometimes accidents happen naturally and it can be hectic to verify that the driver was negligent. When you are injured on Virginia roads as a pedestrian or a motorist, you have to know what the traffic laws state before you file your claim for injury compensation.
It is essential to reach out to a professional attorney such as The Jackson Law Group, PLLC to help you handle your claim. This article highlights some significant elements of negligence, which you should look out for when filing your claim to boost your chances of winning the court battle.
Elements of negligence in Virginia
The following are some elements of negligence that you must prove in the court to be compensated for your injury claim in West Virginia.
1. Duty of care
You have to prove to the court that the defendant in your injury claim owed you a duty of care. Virginia State laws agree on the availability of a general duty of care where the plaintiff and the defendants are total strangers. In most cases, those involved in accidents usually are strangers, making it possible to prove the duty of care in an injury claim.
2. Breaching of duty
Apart from showing a duty of care, the plaintiff must also indicate a breach of that duty. This is only possible if one can prove to the court that the defendant was not exercising the utmost care to prevent the accident from occurring. Prove beyond doubt that the defendant in your injury case did not act like a reasonable person when the accident occurred.
Negligence can be grouped as reckless conduct, gross, or ordinary negligence. Ordinary negligence is where the defendant does not act rationally or normally to prevent an injury.
3. Factual causation or cause in fact
The reason for your damage must be related directly to the defendant acting unreasonably making the accident possible. You must prove to the court that the actions of the defendant lead to your injuries, and they should be liable for all the damages caused on your property.
4. Proximate cause
For the defendant to be held accountable for the injuries caused to the plaintiff, the plaintiff must prove that they were able to predict the result of their acts. The simplest way of proving this negligence is showing that the defendant acts set a motion that contributed to your injuries.
5. Damages and injuries
On this negligence, you have to prove to the court that you were injured. If there were any damages on your property, you must also verify this by any means possible. The court will not be able to calculate your injury in monetary terms if you cannot prove that the defendant caused you the injury.
The elements of negligence highlighted above are essential if you are looking forward to winning your accident case in Virginia. You must prepare yourself to prove all the five elements to boost your chances of winning the injury claim case. To improve your chances of being compensated for injury and property damage, you can hire an attorney to represent you in court.