Alaska Personal Injury Lawyers

Elements of Proof of Negligence

Alaska Personal Injury Lawyers
Elements of Proof of Negligence

When someone is injured by the negligence of someone else, it brings to mind all of the advertisements one sees, hears and reads on television, the radio and on the Internet. These advertisements make it seem simple to recover monetary damages, but the fact is that there are several elements of negligence that must be proven in order for an Alaska personal injury lawsuit to be successful. Below is an overview of these elements of negligence that should alert anyone who has been injured to seek the help of an Alaska personal injury lawyer.

Alaska Negligence Element One – Duty

The first element of negligence that must be proven in an Alaska personal injury lawsuit is that the defendant owed a legal duty of care to the defendant. This duty is one that generally extends to anyone who may be affected by the actions taken by the defendant that led to the injuries sustained, including other motorists on the road during an auto accident or valid visitors to a business in a slip-and-fall case.

Alaska Negligence Element Two – Breach of Duty

In order for the Alaska personal injury lawsuit to proceed properly, the plaintiff must prove that the defendant breached this duty of care. The standard that’s used is generally described as ‘reasonable conduct under the circumstances.’ What this means is that the plaintiff must show that the defendant failed to act as a reasonable person would have in a similar situation.

Alaska Negligence Element Three – Causation

Causation is a difficult element to understand and has led to much confusion over the years even with Alaska personal injury lawyers and judges. Basically, in order to prove that the defendant’s breach of duty caused the injuries suffered by the plaintiff, he or she must show that this breach of duty either directly or indirectly led to the result of the situation.

Alaska Negligence Element Four – Damages

Finally, if the first three elements of negligence are proven in an Alaska personal injury lawsuit, the plaintiff must present proof that he or she has suffered damages. While most forms of damages include economic loss such as medical costs and lost income, they can also include pain and suffering and other less direct forms of damages.

As can be seen, proving negligence in an Alaska personal injury lawsuit is no small matter. If you or someone you love has been harmed because of the negligence of someone else, you need the help of Alaska personal injury lawyers who have years of experience in proving these sorts of claims. Contact Barber & Banker today to schedule a free initial consultation.