How can I prove negligence in a catastrophic injury case?

In a catastrophic injury case in California, proving negligence is an essential part of the legal process. In order to prove negligence, four elements must be established: duty, breach of duty, causation, and damages. Duty is the legal obligation that one person, or an entity (e.g. a business) has to another person. For example, a business owner has a duty to keep their premises safe for customers and employees. Breach of duty means that the person or entity failed to uphold that obligation. In a catastrophic injury case, this could mean that they didn’t maintain their property in an appropriate manner, or that they acted in a way that was not reasonable and prudent. Causation means that the breach of duty actually caused the injury. This means that the injury would not have happened if the person or entity had not failed to uphold their duty. Damages means that there were actual damages caused by the breach of duty. This could include medical bills, lost wages, or even pain and suffering. By successfully proving these elements of negligence, the victim of a catastrophic injury can be awarded damages to help with rebuilding their life. An experienced personal injury attorney can help to identify the sources of negligence and ensure the victim is able to build a strong case.

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