In California, many personal injury claims hinge on proving that one party was negligent and that their negligence caused the victim’s damages.
A party acts negligently when they fail to act as a reasonably prudent person would under the same or similar circumstances.
However, even if you can show that a party acted unreasonably, you still need to prove that their negligence was the proximate cause of your injury and resulting damages.
Without several years of legal experience, the proximate cause definition is difficult to master.
Fortunately, our team of personal injury attorneys at Wells Call Injury Lawyers has over forty years of combined experience handling personal injury claims in California.
If you or a loved one suffered injuries as a result of someone else’s negligence, contact our office today. We offer free consultations.
Elements of Negligence
A negligence analysis requires the plaintiff to prove four separate factors.
First, you must prove the opposing party owed you a legal duty to act in a reasonably prudent manner.
Second, you must prove that the opposing party breached that duty.
Third, you must prove that the opposing party’s breach of duty was the proximate cause of your harm.
Lastly, you must prove that you suffered damages as a result of the opposing party’s negligence.
A legal duty is an obligation to conform your conduct to the standard of a reasonably prudent person.
For example, drivers owe a duty of care to other motorists and pedestrians to operate their vehicles in a reasonably safe manner. The legal duty that the defendant owes the plaintiff depends on the relationship between the parties.
Breach of Duty
A breach occurs when the opposing party’s actions fall below the reasonable person’s standard of care.
You can prove that the opposing party breached their duty of care by showing that they failed to act as a reasonable person would have acted under the same or similar circumstances.
As stated earlier, the proximate cause definition often creates lots of confusion and can be difficult to prove.
You need to show that the opposing party’s negligence was the cause of the personal injury accident.
The opposing party might try to claim that external factors, like your own behavior or weather conditions, bear responsibility for your injuries instead of their negligent behavior.
Offering clear proof that the opposing party’s negligence was the proximate cause helps in insurance negotiations to ensure you are compensated at the level you deserve.
Lastly, you need to prove that you suffered damages as a result of the accident caused by the opposing party.
Additionally, you must show the amount of damages you suffered.
Need an Efficient Proximate Cause Lawyer in California? Contact Wells Call Injury Lawyers
Wells Call Injury Lawyers has recovered over half a billion dollars for our clients since 1984.
We know what it takes to represent personal injury victims aggressively and effectively.