Kentucky Personal Injury Claim: Elements of a Negligence Case (Part A)

When you pursue a Kentucky personal injury claim, you need to demonstrate that someone else's negligence was the cause of your accident in Louisville. A Jefferson County accident attorney can help in not only establishing liability, but also collecting the evidence that will be necessary for your case.

In order to be successful in your claim, you will need adequate evidence that demonstrates several things. The elements of a negligence case will all play a vital role.

The Evidence of Duty in Your Kentucky Personal Injury Claim

One element of a negligence case will be demonstrating that the other party had a duty to you. In other words, they had a duty to act in a certain manner that would be reasonably expected.

For instance, when you are driving down the street, other drivers have a duty to act in a certain manner. This would include driving the posted speed limit and otherwise obeying traffic laws.

The evidence of duty is the foundation of any negligence case. From there you will build on it.

The Evidence of a Breach of Duty in Your Kentucky Personal Injury Claim

The next element in a negligence case is that you must be able to show evidence that the duty owed to you was breached, or there was a failure to act in the expected manner.

In the case of an accident in Louisville, some of the ways that a breach of duty may be shown is if the other driver was speeding, ran a red light, failed to yield or otherwise acted in such a manner that there was a failure to exercise care and/or obey traffic laws.

Contact a Jefferson County accident attorney for help in establishing what the breach of duty was. A police/accident report is one important piece of evidence that may show what the other driver did in order to cause the accident.

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Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law