Santa Barbara Personal Injury Attorney

The Four Elements of Negligence.

The four elements of negligence are duty of care, breach of duty, causation, and damages. 

Here is a general overview of how those concepts are applied: 

Duty of Care

Before we even explore the question of fault, it must be established that the defendant was responsible for the injured plaintiff. In many cases, this is often straightforward. Employers owe a duty of care to their employees. Drivers owe a duty of care to everyone else on the road. Doctors owe a duty of care to their patients. Some cases may be gray areas, but duty of care is unlikely to be a sticking point in most cases. 

Breach of Duty

This is where the legal rubber tends to hit the road, so to speak. Did the defendant fail in that duty of care? The simple fact there was an injury is not, by itself, proof of breach. Not every car accident is the fault of one driver or the other. Not every workplace accident is the fault of the employer. In short, sometimes accidents are just that—accidents. When they happen in the workplace, they’re still covered by workman’s comp. But a personal injury claim is not possible. 

But what if the defendant failed to act responsibly? The legal system requires that people act reasonably to prevent accidents. Drivers are expected to go the speed limit or at a speed appropriate to the conditions. Doctors must act within professional norms in their medical advice and procedures. Business owners must make reasonable attempts to foresee where accidents could happen. 

Who decides what’s reasonable? If the case goes to court, the answer will be a jury. Depending on the case's complexity, expert witness testimony may be necessary. The ability of a lawyer to make their client’s case persuasively becomes all-important. Our Santa Barbara personal injury attorneys have a demonstrated record of success to back up our ability to do just that. 

Causation 

Even if the defendant is found to have breached their duty, there’s still more work to do. It must now be shown that the breach was, in fact, the cause of the plaintiff’s injuries. 

There will be cases where that might be self-evident. The plaintiff, who is in a wheelchair after a car accident, clearly had their injuries caused by the other driver’s breach. But there are a lot of cases where the gray area is considerable. 

For example, what if you injured your back in a fender-bender but also have a history of back problems? The defendant’s lawyers (likely the lawyers for the defendant’s insurance carrier) will almost certainly uncover that medical history. They may well argue that the accident did not cause the injuries. 

It’s fair to expect the defense to spare no effort in severing the causation connection that links the breach to the injury. Your own lawyer must be no less aggressive in establishing that link. At GG&F, you get both an accomplished lawyer as well as a dedicated legal staff at your disposal. We’ll fight to protect your rights. 

Damages

The last step of the negligence process is showing that the plaintiff was damaged in a way that requires financial compensation. If the above three elements are all established, it can be logically deduced that the accompanying medical bills and missed time from work are damages that require compensation. 

However, an experienced lawyer can make a difference by understanding how a client’s life has been impacted. What will be the cost of ongoing recovery? Will the injury require treatment for post-traumatic stress? Will the missed time from work interrupt a career trajectory that was moving in the right direction? These are two examples of losses where a plaintiff should get fair reimbursement but needs a lawyer to advocate for and quantify how much was lost. 

Then there’s what’s called the non-economic damages—the pain and suffering. We know no one can truly put a financial value on the time you spend with your family, your friends, and your favorite hobbies. But financial remuneration is what the legal system can offer, and it’s fair that a client receives it to rebuild their life. The extensive experience of our Santa Barbara personal injury lawyers has given us unique insight into what’s fair. 

We’re Here at the Worst Times of Your Life

The legal issues involved in personal injury cases are complex. The injured plaintiff, dealing with so much as it is, must know that their attorney is on top of their case. Plaintiffs need confidence that every detail is uncovered and investigated and that every dollar will be fought for. At Ghitterman, Ghitterman & Feld, plaintiffs get the peace of mind they need. 

Call our office at (805) 243-2179. We offer free consultations and can meet virtually if you prefer.