General Negligence

 

Personal injuries occur as a result of the negligence of another person or organization and can also happen in many different ways.  From animal bites to a slip and falls, the injury can carry significant consequences.  In the case of injuries to the head, neck, brain, back or spine, the result can be life altering. 

 

When you hire Idaho Falls personal injury attorney Robert K. Beck & Associates, we may negotiate with the negligent party or we may decide to pursue a court case through a lawsuit. 

 

 

Elements of Negligence

 

When a case is tried in federal or state court, the jury is instructed to review the evidence and reach a verdict.  Juries review evidence surrounding some of the following issues:

 

1.      Breach of Duty

2.      Cause in Fact

3.      Proximate Cause

4.      Damages 

 

Breach of Duty

If a defendant is found to owe a duty toward a plaintiff and that duty has been breached, the defendant must pay damages to the plaintiff.  A breach of duty is simply failing to exercise reasonable car in fulfilling the duty. 

 

 

Cause in Fact

In a typical negligence case, a plaintiff must prove that his injuries are related to the accident.  Such a conclusion, if found by a jury, would be a “cause in fact.” 

 

Proximate Cause

A defendant is only responsible for the harm that the defendant could have foreseen as an affect of his negligence.  This is sometimes defined as "proximate cause."  If the defendant is able to proved damages were not foreseeable that portion of the case may be dismissed.

 

Damages

In a negligence case, the damages must be recognized as real harm that is typically seen as physical injury to a person or property. 

 

When you retain Idaho Falls personal injury attorney Robert K. Beck & Associates, we review each element of a claim to determine how the case may be suited for the best possible result.