(This blog was updated in November 2023.)

When you are injured by the actions of another, you may have a legal right to seek compensation for your injuries. Most injury claims and lawsuits arise from an incident involving an accidental injury, such as injuries from a motor vehicle accident, a slip and fall at a store, or a defective product.

In cases like these, in order to recover for your injuries, you must first prove negligence on behalf of the responsible party. Legally speaking, negligence is a failure to use reasonable care under the circumstances. In order to establish negligence, you must be able to prove four “elements”: a duty, a breach of that duty, causation and damages.

Duty: You must first prove that the person against whom your claim is made owed a duty to you. The duty can arise from ownership or operation of the instrument of the injury, the relationship between the people involved, or by law. The existence of a duty is fundamental to a successful claim.

Breach of Duty: You must then prove that the responsible party breached its duty by falling below their standard of care. A breach can come as a result of an action or, sometimes, inaction by the responsible party. The ability to explain, with clarity, how a duty was breached is necessary in any negligence claim.

Causation: You must then prove that the responsible party, by breaching its duty, caused you harm or damage. In addition, your injury or damage must have been “reasonably foreseeable” at the time. This is typically determined on a case-by-case basis, based upon all of the available evidence.

Damages: You must then show the nature and extent of your “damages,” i.e., your injuries or property damage. In negligence cases, damages often include things like hospital or medical expenses, lost wages and pain and suffering, even emotional damages. Oftentimes, even when liability is clear, disputes arise between the parties as to the nature and extent of damages in the case.

Depending upon the information available, an experienced personal injury attorney can generally determine what your case may be worth, and why. Attempting to negotiate on your own against the negligent party (or their representatives) can be a bad idea. Unfortunately, over the years, the process has become increasingly complex and confusing. As a result, it’s usually best to contact an attorney before attempting to handle an injury claim on your own.

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James R. LaPolla, an associate attorney in the Warren office of Harrington, Hoppe & Mitchell, focuses on civil litigation, family law and criminal law. He can be reached at (330) 392-1541 or at jlapolla@hhmlaw.com.