Establishing another party was negligent requires demonstrating they failed to fulfill their duty of care, causing you harm.

Summary

A personal injury case arises when you experience harm due to an accident or injury, and another party is potentially liable for that harm. These cases are civil in nature. That means the injured person, or plaintiff, pursues financial compensation from those responsible for causing harm.

The party accused of causing the harm is known as the defendant. It is your duty or responsibility as the plaintiff to prove the defendant was negligent. The goal of the compensation is to restore you, financially, to your condition prior to the accident as much as possible.

Personal injury cases fall under tort law, which covers wrongful acts that cause injury to someone’s property, person, or reputation. A tort does not necessarily involve illegal activity. It can simply be a negligent act that harms another person, for which the injured party may seek legal remedy.

If you have been injured by someone else’s negligence, consider working with experienced North Dakota personal injury lawyers at Sand Law PLLC to file a personal injury claim for your losses. To schedule a free consultation, give our team a call at (701) 394-4415 or submit this contact form.

Defining Negligence

Negligence is a legal term for the failure of a person or company to exercise the care that a reasonably prudent person would in a similar scenario, resulting in harm or injury to another individual.

This concept is central in personal injury law, providing the foundation for holding individuals or organizations legally accountable for the damages they cause.

Negligence revolves around the duty to act responsibly and avoid putting others at risk. This duty can be breached through omissions and/or actions. Examples of negligent behavior in personal injury cases include:

• Operating a vehicle while under the influence of drugs or alcohol
• Driving recklessly, such as failing to stop at stop signs or running red lights
• Operating an 18-wheeler with insufficient rest or inadequate training
• Not cleaning up or properly marking hazardous spills in a grocery store aisle
• Failing to maintain safe conditions in stairwells or elevators, leading to injuries
• Not securing an aggressive dog known to bite and escape its enclosure

How to Prove Negligence

In most civil injury lawsuits, the plaintiff alleges that the defendant was negligent. In civil cases, the burden of proof lies with the party that alleges. Therefore, to succeed in a personal injury lawsuit, you or your ND personal injury lawyer must prove four key elements of negligence: duty of care, breach of duty, causation, and damages.

Duty of Care: The defendant must have owed you a legal duty under the specific circumstances. This generally means there was an expectation for the defendant to behave responsibly and prudently to prevent harm.

Breach of Duty: You must demonstrate that the defendant breached this duty of care, either through omissions or actions, by failing to meet the standard of care expected of them in the given situation. This breach signifies that the defendant did not act as a reasonably prudent person would have.

Causation: It is essential to establish a direct cause-and-effect relationship between the defendant’s breach of duty and your injury. The injury must be shown to be a direct result of the defendant’s negligence and would not have occurred if not for their actions or omission.

Damages: Lastly, you must show that they suffered actual damages or harm due to the defendant’s negligence. These damages can include financial losses, physical injuries, or emotional distress.

Under North Dakota negligence laws, you must successfully prove all four elements—duty, breach, causation, and damages—to establish liability and secure monetary compensation in a personal injury claim.

Duty of Care

The legal principle of Duty of Care pertains to the ethical and legal obligation that individuals or organizations have to avoid actions or behaviors that could foreseeably cause harm to others. It is the foundational element a plaintiff must establish to successfully pursue a personal injury claim.

For example, motorists have a duty of care to drive safely and protect other road users from harm. Additionally, businesses are obligated to manage waste responsibly to prevent environmental damage.

The extent of this duty of care can differ based on the situation, but the core expectation remains: individuals and organizations must act in ways that do not subject others to unreasonable risks.

Breach of Duty: What Constitutes a Breach?

A breach of duty occurs when an organization or individual being sued fails to fulfill their obligation to exercise reasonable care, leading to foreseeable harm or injury to another person.

This breach can happen through either direct actions or omissions. Essentially, by doing something that a reasonably prudent person would not do or by failing to do something that a reasonably prudent person would do under similar circumstances. For example, a driver who chose to speed in poor weather would not be acting reasonably in that situation.

To establish a breach of duty in personal injury cases, you must show that the defendant owed you a duty of care and failed to meet that standard. For a defendant to be held liable, the resulting injury must have been foreseeable. If the harm was not reasonably predictable, the defendant may not be held responsible.

Causation

Causation refers to the connection between the defendant’s negligent action or omission and the injury or harm suffered by the plaintiff. This element is essential in a personal injury claim. You must demonstrate that your injury would not have occurred without the defendant’s negligent action or omission.

This is known as “but-for” causation. For example, if the at-fault driver was texting while driving and caused an accident, the victims of the accident must show that their injuries would not have happened but for the driver’s careless act of texting while driving.

Determining causation can sometimes be complicated, especially when multiple factors are involved in causing the injury. It is important to note that proving causation alone is not sufficient to establish negligence. You must prove all four elements of negligence for a personal injury case to succeed.

Damages

In a personal injury lawsuit, damages represent the various losses, both monetary and non-monetary, that the plaintiff experiences due to the defendant’s negligent actions. Damages are generally classified into three main types:

• Special Damages: These refer to specific monetary losses that you have incurred because of the injury. Special damages are case-specific. They can include property damage, medical bills, diminished earning potential, lost wages, and other out-of-pocket expenses resulting from the injury.
• General Damages: General damages cover non-monetary losses that do not have a straightforward financial value. These include emotional distress, pain and suffering, a reduced quality of life, and loss of companionship in wrongful death cases. These damages are subjective and vary significantly from one case to another, making them challenging to quantify.
• Punitive Damages: These damages are not meant to compensate the plaintiff. Instead, they are meant to penalize the defendant for particularly egregious or reckless behavior and to prevent such conduct in the future. Punitive damages are not awarded in every case and are subject to different criteria depending on the jurisdiction.

In a successful personal injury claim, you may qualify to recover any or all three types of damages. This will depend on the specifics of your case and the relevant laws. However, you must establish negligence and provide supporting evidence for your claim, such as medical records, receipts, and wage statements.

Proving damages is as crucial as demonstrating the other elements of negligence: duty, breach, and causation. Working with experienced North Dakota personal injury lawyers can ensure you recover just and fair compensation for your loss.

How a Personal Injury Attorney Can Help

A personal injury attorney is instrumental in guiding victims through the intricacies of negligence claims. In North Dakota, proving negligence requires a deep understanding of legal principles and a strategic approach to evidence collection.

Services North Dakota Personal Injury Lawyers Offer

Here are six ways a personal injury lawyer can assist you in proving negligence for your personal injury claim:

• Conducting Thorough Investigations: An attorney will meticulously investigate all aspects of your case. This includes gathering accident reports, collecting witness statements, obtaining medical records, and securing photographs or videos from the accident scene.
• Providing Expert Legal Guidance: Your lawyer will offer specialized knowledge of North Dakota’s personal injury laws and regulations. They ensure that your case adheres to legal standards and advise you on the best course of action to take.
• Establishing Duty of Care: To prove negligence, you must show that the defendant owed you a duty of care. Your attorney will assess the relationship and context to illustrate how the defendant was obligated to act responsibly under the given circumstances.
• Demonstrating Breach of Duty: Your lawyer will gather evidence to show that the defendant failed to meet their duty of care. This could involve presenting eyewitness accounts, surveillance footage, or expert witness testimony that highlights the defendant’s negligent omissions or actions.
• Proving Causation: Establishing a direct link between the defendant’s breach of duty and your injury is crucial. An experienced personal injury attorney will use medical records, expert witnesses, and other relevant evidence to demonstrate the defendant’s negligence directly caused your injuries.
• Quantifying Damages: Accurate calculation of damages is essential for a successful claim. Your attorney will help determine both special damages (such as medical expenses and lost wages) and general damages (like pain and suffering). Additionally, they will compile the necessary documentation and expert opinions to validate your claim for compensation.

By leveraging these strategies, a North Dakota personal injury attorney improves your chances of proving negligence in a personal injury case. Consequently, that increases your odds of obtaining the compensation you deserve.

Consult Sand Law’s Expert ND Personal Injury Lawyers Today

Sand Law PLLC is a dedicated personal injury law firm committed to helping victims in North Dakota recover just compensation. Our experienced accident injury attorneys understand the intricacies of personal injury law and are here to guide you through every step of your case.

Don’t face this challenging time alone—take action now to protect your rights. Call us at (701) 609-1510 or submit this contact form to book your free consultation with a seasoned personal injury attorney. Let Sand Law LLC help you get started on your path to recovery and justice.