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How a Lawyer Can Help You Prove Negligence After A Personal Injury

San Jose, a large city in California, records many personal injury cases like any other metropolitan area. Cities with a higher population tend to have a higher incidence of personal injury cases due to increased traffic, more business activities, and a larger population overall. Common types of personal injury cases in San Jose may include car accidents, workplace accidents, slips and falls, medical malpractice, and other incidents resulting in injuries caused by negligence or wrongful actions.

A personal injury can be an upsetting experience, and the trauma can take a considerable physical, emotional, and financial toll. So, if you have sustained an injury due to another person’s negligence, you may be able to file a lawsuit against them. However, proving negligence is often challenging. That’s where an experienced lawyer’s assistance can make all the difference. Consult a San Jose personal injury lawyer to guide you through the restitution process. Although the path is paperwork-heavy, you can rest easy knowing that a legal path to recuperate financial losses exists.

Understanding Negligence 

Negligence is not taking reasonable care to prevent harm that could be expected from one’s actions or lack thereof. In personal injury cases, negligence is established when evidence shows that the defendant failed to uphold their duty of care towards the plaintiff. Determining if failure was present in your case after suffering personal injury means proving four elements: duty of care, breach of duty, causation, and damages.

Duty of Care

When someone causes harm to another person through their actions or behavior, they owe that person a ‘duty of care.’ For example, when driving on public roads, it is every driver’s responsibility to drive safely and obey traffic laws so they do not cause accidents that injure other drivers.

Breach of Duty

After establishing a duty of care, you must prove how this obligation was breached by demonstrating how the defendant acted negligently or recklessly, directly contributing to the plaintiff’s injuries. For example – running red lights multiple times and causing accidents with other vehicles while continuing to do so demonstrates irresponsible behavior putting others at risk while defying traffic rules.


The next step in proving negligence in personal injury cases involves establishing that the defendant caused the injuries sustained by the plaintiff. For this component, the plaintiff has backed up her claim with sufficient evidence—the link between the defendant’s actions (or lack thereof) and the plaintiff‘s injuries.


Finally, damages are actual losses or harm caused to the plaintiff by the defendant’s negligence. This can include medical bills, lost wages, income, pain and suffering, emotional distress, and sometimes punitive damages (punishment damages above and beyond injury compensation).

How a Lawyer Can Help Proving Negligence 

A skilled lawyer specialized in personal injury law works with you as you gather evidence to support your claim demonstrating negligence on the defendant’s part. Here are a few of the most important things an attorney can help establish:

An attorney can connect clients with highly respected medical professionals or expert witnesses who know Investigative fields related to the specific type of injuries sustained by the plaintiff.

Experienced attorneys are skilled at collecting evidence through detailed investigations. They can review accident reports, interview eyewitnesses, and examine other relevant information that could aid in proving the defendant’s negligent action.

Attorneys can calculate every dollar amount necessary to cover the client’s expenses resulting from the injuries sustained, like lost wages, lifetime medical expenses rising due to ongoing prolonged treatment required for recovery, and physical therapy expenditures.

Settlement Negotiations

Lawyers experienced in evaluating cases risk analyses for plaintiffs counsel on settlement negotiations – direct negotiation communication with insurance companies is always challenging. But an attorney will be better equipped because they know how much your case is worth based on facts gathered during the discovery phase.

Personal Access

An attorney works closely with clients throughout legal procedures, guiding them through complicated processes, ensuring their rights are protected, and advising them on the best legal options.


In personal injury lawsuits, proving negligence is not always easy, but having the right legal counsel fighting for you provides peace of mind. With their skill set, attorneys uncover gaps and lack of clarity by focusing on evidence well before the trial begins.

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