How to Prove Negligence and Win Your Personal Injury Claim

(4 Things You Need to Know)

Commanding respect from an insurance claims adjuster is key to reaching a fair settlement. And being able to establish negligence is the foundation of a personal injury lawsuit. This is why you’ve got to be able to prove the various factors that form the basis of negligence upfront.

Then, and only then, should you present your proof to an insurance claims adjuster.

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The 4 Negligence Factors

  1. Duty

This is the requirement of a person to “conform to a certain standard of conduct so as to protect others from an unreasonable risk of harm.”

The first step in any personal injury claim is to establish the duty of the negligent party.

Duty of Care Examples:

  • It’s your Medical professional’s duty to diagnose and treat you in a medically appropriate manner.
  • It’s a driver’s duty to all other drivers on the road—and their passengers—to operate their vehicle safely.
  • It’s a corporation’s duty to consumers to ensure their products are not harmful.
  1. A Breach of that Duty

Someone breaches their duty when they fail to conduct themselves in a reasonable manner, or with negligence, toward another person.

Breach of Duty Examples:

  • When a corporation produces a defective product that harms consumers.
  • When a medical professional prescribes the incorrect medication and harms their patient.
  • When a reckless driver causes a car crash.
  1. The Breach Directly Causes Injuries

This is when the breach of duty directly leads to another person’s injuries. You must be able to show that the type and severity of the injury was due to a failure to act in a reasonable way. The source of the breach of duty can be caused by an organization, a corporation, a person, or another entity.

Direct Injury Examples:

  • Your health worsens due to a prescription error
  • You get hurt or become sick from using a defective product that a company poorly or negligently produced
  • A reckless driver hits your car, leading to an injury
  1. Proof of Monetary Loss

When a person or company’s duty has been breached, and you’re harmed as a result, it becomes your personal responsibility to prove any damages that resulted from your injury.

If you want to be compensated for someone else’s wrongdoing, you’ll need to have documented evidence of any expenses directly related to your injury.

The first three negligence factors—duty, breach, and your injury—won’t necessarily prove that you’ve incurred extra expenses or a loss of income. It’ll be next to impossible to negotiate a fair settlement with an insurance company if you don’t have documentation, showing how the defendant’s negligence directly affected your finances.


Proof of Loss Examples:

  • Bills from a physical therapist, or other rehabilitative services
  • Receipts for things like bandages, crutches, prescription costs, and any other out of pocket expenses directly related to your injury
  • Medical bills and hospital records

Understand: Your objective is to get your settlement approved by convincing the insurance claims adjuster. This is why your focus should be on matching your documented injuries and expenses to the other party’s negligence.

Case example showing the four elements of negligence:

Suzy’s on the way to the office when she notices the car behind her clinging a little closer to her bumper than she’d prefer. Annoying, but she can ignore it.

Suzy turns onto 695, and the driver behind her remains right on her tail. All the sudden, a deer leaps across the road, only a handful of yards in front of Suzy, forcing her to slam on the breaks. The driver behind her doesn’t have time to hit their breaks and they crash into the back of Suzy, totaling both cars.

At the hospital, Suzy is diagnosed with a broken bone, among several other injuries. Because of the nature of Suzy’s job, her injuries will keep her from performing for at least the next few months.

These are the 4 negligence factors in Suzy’s scenario:

  1. It was the other driver’s duty to operate in a safe and reasonable manner.
  2. They clearly breached their duty by recklessly tailgating Suzy.
  3. Suzy’s injuries were a direct result of the other driver’s negligence.
  4. Because of that driver’s negligence, and therefore Suzy’s injuries, Suzy now has medical expenses, a totaled car, and a loss of income.

Understanding these 4 negligence factors will empower you to negotiate your case more convincingly, and receive the settlement you deserve.

Find out what you deserve.
And don’t accept anything less.

Do you need the help of an experienced PI attorney?

If you’ve been harmed due to someone else’s negligence, our Maryland Personal Injury Attorneys will fight aggressively for you. We’ll stand by you during these difficult times.


You Shouldn’t Pay for Their Mistake.

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Mr. Tuchman has been my attorney since 2006. He has helped me out with several work related injuries. He also helped my wife and I file for bankruptcy.  Our daughter was in a car accident and he helped her too. She needed therapy and another car. He was instrumental in getting her what she needed when she needed it.  We can reach out to him whenever we need him and he’s always there to answer any questions and guide us in what’s best for our future.

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About seven years ago, I was injured at work and was referred to Lee Tuchman. He became more than a lawyer to me, he became a friend.  He helped me through a process that required long days, a lot of paperwork and phone calls.  Whenever I called his office, he always made time to talk with me. If you are looking for knowledge and perfection, you will find that in Mr. Tuchman. During those 7 years, he told me not to worry and I trusted him enough not too. If you ask my opinion, Lee Tuchman will work hard for you too.

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Lee Tuchman is a great lawyer with a sense of flair of flair in his practice. He has diligently worked behind the scenes to ensure fantastic results for me. He has graciously handled several of my cases from 2012 until now. These cases vary from workman’s compensation to bankruptcy, all with astonishing results.

S Hicks

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