Posted on Monday, February 3rd, 2025 at 12:00 pm    

Proving negligence is a foundational element in most personal injury cases. It helps establish liability so the injured party can recover damages and receive the appropriate compensation. Below, Tiemann Law Firm explains the methods used to determine negligence and build a strong case:

What is Negligence?

Negligence occurs when someone fails to act with reasonable care, leading to harm or injury to another person. To win a personal injury claim, the plaintiff must demonstrate four key elements of negligence: duty of care, breach of duty, causation, and damages.

  1. Duty of Care – The first step is establishing that the defendant owed a duty of care to the plaintiff. This means that the law recognizes a relationship where one party is obligated to act in the best interests of another. For example, drivers must adhere to traffic laws, and property owners must maintain safe conditions.
  2. Breach of Duty – Next, the plaintiff must prove that the defendant breached this duty. This involves showing that the defendant acted in a way that a reasonable person would not have or failed to act when they should have. Evidence such as eyewitness accounts, photographs, or expert testimony can support this claim.
  3. Causation – Causation links the breach of duty to the injury. The plaintiff must demonstrate that the defendant’s actions directly caused their injuries. This is typically established through “cause-in-fact” (showing that the injury wouldn’t have occurred without the defendant’s actions) and “proximate cause” (demonstrating that the injury was a foreseeable result of the defendant’s conduct).
  4. Damages – Finally, the plaintiff must provide evidence of damages incurred due to the injury. This can include medical bills, lost wages, pain and suffering, and other financial losses. Documentation, such as medical records and pay stubs, can substantiate these claims.

Proving negligence in a personal injury case requires a clear demonstration of duty, breach, causation, and damages. If you believe you’ve been injured due to someone else’s negligence, it’s essential to consult with a personal injury lawyer.

How Negligence is Proven in a Personal Injury Case

If you or a loved one has been involved in an accident and needs legal advice, contact the personal injury attorneys of Tiemann Law Firm to discuss your case and protect your rights. Call us today to set up a free, same-day consultation at (916) 999-9000 or toll-free: 855-999-9000.

Client Testimonials

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.