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Explaining the Elements of Negligence

When someone is injured because of the negligence of someone else, that person needs to review several different potential avenues for making sure that his or her legal rights are properly protected and enforced. One potential step to take to make sure this happens is to file a Nevada personal injury lawsuit. Given the enormous number of advertisements in existence, many people mistakenly believe that winning such a case is simple. Nothing could be further from the truth, and anyone who finds themselves in this position needs to seek the immediate help of Las Vegas personal injury lawyers. Below is a brief look at the elements of negligence that must be proven successfully in order for a claim to result in the award of damages.

The first element that a plaintiff must prove is that the defendant in a Nevada personal injury lawsuit owed a legal duty of care to the plaintiff. A legal duty of care is basically an expectation that a person will not act in such a way that people could be put in a situation of unreasonable danger or actual physical harm.

After the initial element has been established, the plaintiff will then need to show that the defendant breached the legal duty of care that was present. This must be done by using a ‘reasonable person’ test. Specifically, a court will look at a situation and decide if a reasonable person would have acted in a similar manner as the defendant. If so, the defendant did not breach the duty. If not, then the defendant did breach the duty and was acting in a negligent manner.

After the initial two elements have been proven, the plaintiff will need to prove perhaps the most difficult aspect of personal injury law in existence. Causation is basically a notion that the conduct that constituted the breach of the legal duty of care is what caused, either directly or indirectly, the injuries that were suffered by the plaintiff. There are several different legal tests to use to make this decision that have been formulated over time, and causation has confused attorneys and judges alike for generations.

Finally, if the plaintiff successfully proves the first three elements of negligence, he or she must show that actual damages were incurred as a result of the defendant’s negligence. This proof can include medical costs, lost income or even less tangible forms of loss such as pain and suffering and extreme emotional distress.

Contact Our Nevada Personal Injury Lawyer

Overall, proving a Nevada personal injury case successfully is no easy matter. If you or someone you love has been harmed by someone else, seek the help of Las Vegas personal injury lawyers who have been successfully proving cases like these for many years. Contact Bernstein & Poisson, LLC today to schedule a free initial consultation.