What Does “Negligence” Mean in a Personal Injury Case?
You will hear the word "negligence" a lot in a personal injury case. But what does it actually mean? It's a fancy word for someone "not being careful."
As lawyers, our job is to prove four things to show someone was negligent. We use a simple 4-part test.
1. DUTY: Did the other person have a duty (a job) to be careful?
○ Example: A driver has a duty to stop at a red light. A doctor has a duty to treat you with care.
2. BREACH: Did they breach (fail) that duty?
○ Example: The driver ran the red light. The doctor made a mistake a careful doctor would not make.
3. CAUSATION: Did their failure cause your injury?
○ Example: Because they ran the red light, they crashed into you and you got hurt. This is the "A caused B" step.
4. DAMAGES: Were you actually hurt (damaged)?
○ Example: You have a broken arm, medical bills, and you missed work.
You must prove all four of these things. Our team has decades of experience. We know how to gather the proof—from police reports, medical records, and witnesses—to show that you or your child was hurt because someone else was not careful.