How do I prove negligence in a personal injury case?

Proving negligence essentially involves establishing how a person’s careless conduct caused you to suffer injuries. Different standards will apply in different situations.

Typically, the behavior of a defendant is compared with what an average hypothetical reasonable person would have done in the same situation. For example: Would a reasonable person send a text message while driving a car?

In specific types of personal injury claims, such as medical malpractice cases, there is a different standard used to judge negligence. The doctor’s behavior is compared not just to that of a hypothetical reasonable person but to that of a reasonable physician with a similar background.

If an action or omission is clearly unreasonable and careless, it is not necessary to specifically prove negligence. The negligence is self-evident.