Negligence is the foundation of most personal injury claims. It refers to a person’s failure to exercise the level of care that a reasonably prudent person would use in similar circumstances. When someone’s negligence causes harm to another person, the injured party may have grounds for a personal injury claim.

For a personal injury case based on negligence to succeed, you must establish four key elements:

• Duty of care: The plaintiff must show that the defendant owed them a legal duty of care. This means that the defendant had a responsibility to act in a way that would not cause harm to others. For example, drivers have a duty to operate their vehicles safely and follow traffic laws to avoid accidents.
• Breach of duty: The plaintiff must demonstrate that the defendant breached their duty of care by acting or failing to act in a way that a reasonably prudent person would in a similar situation. For instance, if a driver runs a red light and causes an accident, they have breached their duty to follow traffic laws.
• Causation: The plaintiff must prove that the defendant’s breach of duty directly caused their injuries. In other words, the plaintiff’s harm must be a direct result of the defendant’s negligent actions. This can be proven through evidence such as medical records, eyewitness testimony, and expert opinions.
• Damages: Finally, the plaintiff must show that they suffered actual damages, such as physical injuries, emotional distress, medical expenses, lost wages, or property damage. Without demonstrating that the negligence caused harm, there is no basis for a personal injury claim.

In personal injury cases, damages refer to the compensation awarded to the injured party for the harm they have suffered due to the negligent actions of another.

Economic and non-economic damages restore the victim to the position they would have been in had the injury not occurred.

Economic damages, also known as special damages, are the quantifiable financial losses that result from the injury. These may include:

• Medical expenses: Costs related to hospital stays, surgeries, medications, rehabilitation, and ongoing medical treatment.
• Lost wages: Income lost due to time taken off work to recover from the injury.
• Future lost earning capacity: Compensation for the loss of future income if the injury results in a long-term disability that affects the victim’s ability to work.
• Property damage: Reimbursement for any personal property damaged or destroyed in the incident, such as a vehicle in a car accident.

Non-economic damages, also called general damages, are the subjective, non-monetary losses suffered by the victim. These may include:

• Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
• Loss of enjoyment of life: Damages awarded for the inability to participate in activities or hobbies that the victim enjoyed before the injury.
• Loss of consortium: Compensation for the loss of companionship, support, and intimacy suffered by the victim’s spouse or family members.

In cases of wrongful death, where the victim dies because of the negligent actions of another, the victim’s family may recover additional damages.

These may include:

• Funeral and burial expenses: Compensation for the costs associated with the victim’s funeral and burial.
• Loss of financial support: Damages awarded to compensate for the loss of the victim’s future income and financial contributions to the family.
• Loss of love, affection, and guidance: Compensation for the emotional loss suffered by the victim’s family members.