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Understanding the Role of Negligence in a Personal Injury Case

Understanding the Role of Negligence in a Personal Injury Case

In the vast majority of personal injury cases, recovering full and fair compensation requires proving that another party’s negligence was to blame for your damages. It is important to understand the concept of negligence and how it is used to establish liability in your case. If you were injured by someone else’s negligence, you have the right to recover compensation for your damages. Please speak to an experienced Philadelphia personal injury attorney to learn more about your legal options.

The Elements of Negligence

  • Duty of care: When proving negligence, the first requirement is to establish that the other party owed you a duty of care. This means that the other party had a legal obligation to look out for your safety in a given situation. The duty of care sets up a standard for the level of prudence and caution that must be taken. For example, when driving, we all owe a duty of care to everyone else on the road. We must operate our vehicles in a reasonably safe manner.
  • Breach: After establishing a duty of care, you must also prove that it was breached. Put simply, a breach is violation of the legally obligated standard. If a driver blows through a red light, they have breached their duty of care to operate their vehicle in a safe manner. We have already established the existence of a duty to drive safely and follow highway regulations, and with the evidence that a red light was ignored, we can establish a deviation from that standard. It would not matter if the red light was ignored intentionally or not. The act itself is a breach; the intention is not relevant. It sounds straightforward in that example, but in real world injury cases, proving a breach is often far more complicated. In fact, breach is typically the most fiercely contested element of a negligence case. An experienced personal injury attorney can help you effectively prepare your case so you get over this hurdle.
  • Causation: Negligence also requires causation, there needs to be a link between another party’s breach of duty and your injuries. Going back to the red light example, if you can prove that another driver ran a red light twenty minutes before they crashed into your car, you are still short of proving negligence. While a breach did occur, you still have not proved that the required causation between the breach of the duty of care and your accident existed.
  • Damages: Finally, you need to establish that you were the victim of real harm. You cannot recover for negligence if you were not actually injured. In some cases, your injury will be plainly obvious, but in other cases, your injuries or losses may not be so obvious. Establishing damages is extremely important. This is because you need to prove the severity of all of your damages to recover full compensation.

Contact an Experienced Pennsylvania Injury Attorney

At Randy H. Kaplan Law Offices, we have extensive experience dealing with Pennsylvania personal injury law. Our team works aggressively to help injured victims recover fair compensation. We can help you prove negligence in your case. If you have been injured in Montgomery County, Bucks County, Philadelphia, or elsewhere in southeastern Pennsylvania, please do not hesitate to contact our office online or by calling 215-576-8870 to schedule a free initial consultation.



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Immediate Attention

We understand how important your case is and that is why your call receives immediate attention directly from the attorney. We help you understand your options in order to make informed decisions. As a local law practice with multiple offices, we are able to offer reasonable and competitive rates.

Tens of Millions in Results Over 30 Years

In over 30+ years we have recovered millions on behalf of our clients and their families. Our drive and our commitment to our clients who are the victims of auto accidents, slip and fall accidents, work related injuries including asbestos claims has led us to have a proven track record of success.

Aggressive Representation

Our goal is always to put your best interests first. And we have been successful at it for over 30 years. How do we do it? By being aggressive when you need us to be. If you are unable to work, can't pay your bills and are facing extensive therapy or rehabilitation you need an injury lawyer to protect your rights and fight for you and your case. Remember, nobody likes an aggressive lawyer, until you need one.


We take pride in our dedication to our clients and their cases. Firm attorney Randy Kaplan has practiced law since 1982 and has personally handled THOUSANDS of cases including auto accidents, work related injuries business law and employment law. In each and every case we are dedicated to providing our clients with the type of service only a local law firm can provide.