Common Elements of Negligence | Jones, Boykin & Associates, P.C. 

Negligence is the failure to care for something or someone properly. Negligence is dangerous and can sometimes harm our loved ones, workers, and other people. Negligent people can be cunning and outsmart their victims to win compensation cases.

So, victims and their legal teams should prepare to present and defend their claims in court. If the victim has a good legal team, they will take note of the five elements of negligence below to give them an upper hand in defending their client's case.

Duty of care is the primary element of consideration in a compensation suit. The duty of care requires individuals and companies to act reasonably and cautiously when they deal with issues that could affect the well-being of others.

Duty of care examines the defendant's actions during the injury. The actions should express the defendant's duty to care for the plaintiff if necessary. For instance, a typical mining company can offer protective gear to its employees. If an employee gets sick because they don't have the right gear, that's considered carelessness by the company.

Breach of duty examines whether the defendant underperformed in their duty to the plaintiff. If the defendant didn't do what they were supposed to do with high standards of care, that could be a breach of duty. For example, the company's failure to provide protective clothing is a breach of its duty to protect the employees from harm or health issues that could result from mining activities.

This is also known as the causation element of negligence. The causation element examines the cause of the plaintiff's injuries or losses. The causation element holds that the defendant's actions must be directly related to or be the cause of the injuries or losses.

In the example above, the company breached its duty when it failed to provide protective gear, resulting in the employee's illness. If the employee is proven to be ill as a result of other factors other than the lack of protective gear, then the company is not responsible for negligence.

Some people prioritize their well-being over the safety of the people involved in their errands. So, when they deal with others, they can ignore the harm they could have seen coming and hurt them instead. If the courts find that the defendant ignored harm that they could have avoided at the plaintiff's expense, then the defendant is undoubtedly guilty.

Nonetheless, the victim's legal team should prove with no doubt that the defendant was aware of the obvious consequences of their ignorance of the foreseen harm. Thus, their actions were selfish and violated their duty to care for and protect the plaintiff.

For instance, the mining company knows the hazardous effects of working without protective gear. But the company decides not to spend money on the safety gear and hopes the workers won't get hurt.

Damages or losses are the last elements of negligence. To get paid, the victim must prove that they were hurt or lost something because of the defendant's carelessness. Damages as a result of negligence can be physical or emotional. The victim qualifies for compensation as long as their legal team proves that they, lost money, had proven injuries, and encountered emotional distress, among other types of damages.

It takes a good legal team to win you a compensation claim in court. If you are looking for the perfect legal representation for your compensation claim, then you are in the right place. Jones, Boykin & Associates, P.C law firm is devoted to ensuring you get your rightful compensation. Get in touch with us today to be compensated in no time.