The Elements of a Case

     In order to make a claim for personal injuries sustained in a car accident, it must be established that the other driver was negligent and is therefore liable, and that you were not negligent

     In order to prove a case of negligence in Maryland, the person bringing the action (the Plaintiff) must prove four (4) elements:

1. Duty - That the person who caused the accident and injuries (the Defendant) had a “Duty of Care” to the injured person. A Duty of Care is a duty to use that degree of care that an ordinarily reasonable and prudent person would have used under the circumstances;

2. Breach of Duty - The Plaintiff must also establish that the Defendant breached that duty of care by not using reasonable care;

3. Causation - The Plaintiff must further prove that the Defendant’s negligence caused the harm (the injuries, damages and losses) and was the “Proximate Cause” of the harm, meaning it was not just a remote consequence of harm; and

4. Damages - The Plaintiff must prove actual damages, meaning bodily injuries, damages and losses sustained from the accident.

     Additionally, once you establish that the other driver was negligent you must also make sure that you were not negligent, otherwise the other driver’s insurance company will raise the defense that you were contributorily negligent, which could prevent you from recovering for your losses and damages.

     A person is “Contributorily Negligent” by failing to exercise care for their own safety, that a reasonable or prudent person, under the circumstances would use, and that failure contributed to the injuries.

     The insurance company may also try to prevent you from recovering by claiming the legal defense of “Assumption of the Risk.” Both of these legal defenses are discussed in the section Defenses Raised in Auto Accident Cases.

     For more information about your accident case and what you need to do right now, call me directly at: 410-446-6644 and I will discuss, review and evaluate your case with you at no charge. You may also contact me by completing the Contact box on the left side of this page, or by email at alexmiller@alexmillerlaw.com.

     You can also protect your case by reading my advice in my Free Personal Injury Fact Book.