August 29, 2016

What are the Elements of a Negligence Tort?

If a person is injured in an accident, they will need to satisfy certain elements in order to be successful at trial. The elements of a negligence tort are:

  • Duty of care
  • Breach of duty
  • Proximate cause
  • Damage

In other words, the at-fault party must have an obligation to the injured person. Somehow, they have breached that obligation which was the proximate cause of the person’s injuries. Because of these injuries, there are damages.

An example might help to clarify these elements. Every driver has a duty of care to be engage in safe behavior behind the wheel. If a person texts while driving, they have breached this duty of care. If they cause an accident due to this behavior, they are the proximate cause of the car crash. Any injuries the other driver may have suffered would fall into the damages category.

These elements seem straightforward, but the insurance company rarely makes it easy to get the money you deserve after an accident. Many times, they will work to delay a case or deny responsibility, even when it is clear that their insured caused the accident. This can be extremely frustrating for the injured person who may be missing work, racking up medical bills, and may just be worried about their case. An experienced attorney can help make this process simpler and hold the insurance companies accountable, moving the case along as quickly as possible.

At Johnson Law, we fight for what is fair for our clients. We know these tactics and know how to counter them, helping a client achieve as successful an outcome as possible. We are a valuable ally when it comes time to fight these million-dollar insurance companies. For a free consultation regarding your injuries, contact Johnson Law today for a free consultation.

Your Questions Answered

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(971) 205-3266
1323 NE Orenco Station Pkwy
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Hillsboro, OR 97124


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