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How to Prove Negligence in a Personal Injury Lawsuit


If you have been injured in an accident in Alaska caused by another person’s negligent or reckless actions, you may recover financial compensation for your losses (e.g., medical expenses, property damage, lost wages, pain and suffering, etc.) by filing a personal injury lawsuit in civil court. In order to file a claim and win your case, there are several elements that must be present. 

The following are the four elements required for personal injury claims: 

  1. Duty of care – You must show that the at-fault party (the defendant) had a duty of care to you (the plaintiff). For example, all drivers on the road have a duty to follow the traffic laws and operate their vehicles in a reasonably safe manner. Doctors have a duty to provide adequate care for their patients. 

  1. Breach of duty – Once you establish the defendant’s duty, you must show that there was a breach of such duty. A driver failed to drive in a safe manner (e.g., speeding, texting while driving, running a red light, road rage, etc.) or a doctor failed to follow the proper medical standard of care that a similar healthcare provider would have performed. 

  1. Causation – You must show that the defendant’s breach of care led to your injuries. Remember, if your actions contributed to the accident, your total award may be reduced based on your percentage of fault. For instance, if a driver was texting and driving before a collision, while the other driver involved was speeding, the other driver may be partially liable for the accident and his/her injuries. 

  1. Damages – Lastly, you must show that you suffered actual damages as a result of the defendant’s negligence. There are two main types of damages: economic and non-economic damages. Economic damages consist of out-of-pocket expenses, such as hospital bills, lost income, and property damage, while non-economic damages are intangible expenses, such as pain and suffering, emotional distress, and loss of consortium. If the defendant’s actions were grossly negligent, then the court may award you with punitive damages designed to punish the at-fault party and deter such conduct in the future. 

Whether you are interested in filing a personal injury lawsuit or medical malpractice claim in Anchorage or within the surrounding area, look no further than The Law Office of David Henderson to maximize your entitled damages on your behalf. We can thoroughly investigate the accident, collect and analyze evidence, negotiate with insurers, and protect your rights and best interests inside and outside the courtroom. 

If you have been injured in an accident in Anchorage, call (888) 295-6566 or fill out our online contact form today to request a free initial consultation. We have more than 20 years of legal experience and recovered millions of dollars on behalf of our clients!