When a person has been injured as a result of the carelessness of somebody else, that victim might be eligible for compensation for his or her injuries and damages. There are important matters of proof that must be overcome though, and they involve the elements of negligence.
The Elements of Negligence
There are five fundamental elements of negligence that an accident victim must prove. If he or she fails to prove any single one of them, the negligence case fails in its entirety. Here ae those five elements:
- A duty was owed to the victim by the person who is alleged to have been negligent.
- There was a breach of that duty.
- The breach of that duty caused an accident to occur.
- The injuries suffered by the victim were a reasonably foreseeable result of the allegedly negligent person’s act or failure to act.
- The victim suffered injuries and damages that are compensable under Kentucky law.
The Actual Cause vs. Proximate Cause Issue
For purposes of determining whether a person was negligent, actual cause for the accident must be distinguished from proximate cause for the injuries alleged. Actual cause would be the alleged acts or failure to act of the person who is allegedly responsible for the accident. In Kentucky, proximate cause requires something on top of actual cause. It’s a pivotal element, and it requires that the injuries alleged by an accident victim be a reasonably foreseeable result of the accident. Foreseeability requires something more than a mere possibility, because just about anything is possible.
Are Both Cause in Fact and Proximate Cause Required?
Yes, both actual cause and proximate cause must be proved in personal injury case in Kentucky that’s based on negligence. For the actual cause, the victim must show that but for act or failure to act of the person who is allegedly at fault, the accident never would have occurred. Then, proximate cause must be shown in that the actual injury alleged was foreseeable as a result of the act or failure to act of the party who is alleged to be at fault.
Here at Kaufman & Stigger, PLLC, every one of our lawyers works with actual cause and proximate cause on a daily basis. That’s because our law firm focuses its practice exclusively on personal injury cases. After an accident anywhere in Kentucky, you’ll best be preserving and protecting your rights by consulting with a knowledgeable and experienced personal injury lawyer from our offices. It won’t cost you a penny, and your questions will be answered. Then, we can talk about all of your legal options. if we’re retained to represent you, no initial legal fees are charged. That’s because your case would be taken on a contingency fee basis where we’re paid out of any sums that we might derive from any claim or lawsuit that we bring on your behalf. If there’s no settlement or award, no legal fees are even due. Contact us right away after being injured in any accident in Kentucky that was caused by the carelessness and negligence of somebody else.
Contact a Personal Injury Lawyer in Kentucky
Do you have more questions about negligence? Speak to a member of legal team today to learn more about our state’s accident laws. If you or a loved one have been injured due to someone else’s negligence, do not wait another minute, call us right now at Kaufman & Stigger, PLLC at (502) 458-5555 to discuss your case and get the help you deserve.