If you were injured as a result of someone else breaching their duty of care, you may be able to bring a negligence claim against them and recover any damages you sustained as a result of that injury. But before you talk to a lawyer, you might be curious about what percentage of negligence claims actually succeed.
How likely is it that you’re going to be successful in bringing your claim?
What Is Negligence?
Personal injury cases are typically matters of negligence. If someone acts negligently in a way that causes your injury, any damages related to your injury are compensable by the negligent party. Essentially, this means a person acted in an unreasonably careless way that resulted in external harm, so the legal system holds them accountable for the downstream consequences of that conduct.
To prove negligence in an American court, you must fulfill four separate elements:
· Duty of care. First, you must demonstrate that the defendant had a duty of care to the plaintiff; you must show that by law, norm, or social expectation, this person had to take a certain action or avoid a certain action with respect to the safety of others and their property. We all owe a duty of reasonable care to each other, but certain circumstances may modify what this duty entails. For example, while driving, we all expect other drivers to drive cautiously.
· Breach of duty. Second, you must show a breach of duty. In other words, you have to demonstrate that the defendant acted in a way that violated the legal duty prescribed to them. Typically, this means acting in a dangerous, reckless, or unintentionally risky way.
· Damages. Third, you must show there were damages, or else your claim will not be compensable. Defendants are often responsible for any costs resulting from their actions, including bodily harm, property damage, and even pain and suffering.
· Causation. Fourth, and perhaps most importantly, you must demonstrate causation. You need to prove that the defendant’s breach of duty was directly responsible for the harm that you suffered. This can be tricky to do, as you must prove both actual causation and proximate causation, which are extremely nuanced legal concepts that aren’t necessarily intuitive.
As you might imagine, many negligence cases fail simply because they can’t sufficiently demonstrate one or more of these elements. And because these elements are somewhat complicated, they can be tricky to prove.
The Problem of Determining “Success”
There’s also a problem with the label here; what exactly does it mean for a negligence case to be successful?
The majority of negligence cases settle out of court. That’s because going to court is very expensive, stressful, and time-consuming. Accordingly, there’s no real “winner” declared; instead, the parties reach a mutual agreement over what a fair settlement looks like in this particular instance. You may consider it a victory to win $50,000, but another person may consider that a devastating loss. In some ways, this is a totally subjective question.
Will Your Negligence Claim Succeed?
That said, you probably have a vision for the compensation you want to win. What factors are going to influence whether or not you’re successful?
· Your actions. The defendant probably owed a duty to you and breached that duty, but remember that you have duties as a member of society as well. If you committed negligent actions that contributed to this outcome, it could work against you. Similarly, if you don’t seek medical treatment immediately after the accident the way a reasonable person would, you may not be able to fully collect the damages you might otherwise win. Your actions factor heavily into this equation.
· The evidence. The body of evidence you have to present also matters. You may firmly believe that the defendant ran a red light immediately before striking your vehicle, but if they claim the opposite and there’s no other evidence to settle the dispute, it may be difficult to resolve the case. This is why it’s important to collect as much evidence as possible following the accident.
· Your lawyer. Your results are also highly dependent on the competence and diligence of your lawyer. Your lawyer is going to be responsible for investigating the claim, building the case, and negotiating with the other party. They may also represent you in court, if it comes to that. Hire the best lawyer you can afford to maximize your chances of victory.
· Your patience. Settlement negotiations can take a long time. In many cases, they go on for months. You’ll need to be patient if you want to maximize your potential settlement.
Dealing with the consequences of an accident can be painful, stressful, and burdensome. But with the help of a good personal injury attorney, you can maximize your chances of being successful in your negligence claim.
