Frequently Asked Questions About Proving Negligence
How to Prove Negligence?
At Colombo Law, we use a cohesive approach to prove negligence on the part of the defendant. Our approach of preparing for trial starting day 1 enables us to meet all of the elements in a negligence claim:
1. Duty of Care: The first step is showing that the defendant had a legal obligation to avoid careless actions that could cause you harm. For example, in a truck accident case, we would need to establish the duties the truck driver had while operating an 18-wheeler.
2. Breach of the Duty of Care: Next, we must prove that the defendant breached their duty to you. This requires specific evidence of negligence or wrongdoing; common examples include speeding, driving under the influence, etc.
3. Proof of Injury: The centerpiece of any personal injury claim is, of course, proving that you were injured. Our lawyers pore over medical records and consult experts to ensure that your injuries are fully documented.
4. Causation: The next step is proving causation. In other words, were it not for the wrongdoer’s actions, would you have suffered an injury? Colombo Law looks not only at the specific circumstances but common sense; this allows us to prepare for arguments that the defendant couldn’t have foreseen the harm they caused.
5. Compensable damages: Finally, our attorneys will present evidence of damages from the accident. This may include not only economic losses (such as medical bills, lost income, etc.) but pain and suffering and other non-economic damages.
If you have been injured through no fault of your own, you owe it to yourself to explore your legal rights. Colombo Law has more than 25 years of experience holding defendants accountable for negligence and intentional wrongdoing, recovering millions of dollars for clients.
What Is Negligence in Civil Law?
Colombo Law focuses 100% on representing plaintiffs in personal injury cases. Personal injury is an area of civil law. Instead of seeking to punish defendants for wrongful acts (which is the focus of criminal law), civil law provides victims with legal recourse for financial compensation.
In civil law, negligence is the failure to act with reasonable care in a given situation. Negligence is the basis of most personal injury claims, but legal action may also be taken for intentional acts that result in injuries.
Colombo Law is proud to advocate for people who have been injured, whether by accident or because someone meant to hurt them. We can review your case for FREE, advise you of your legal rights, and fight for justice on your behalf.
What Is West Virginia Comparative Negligence?
Since our founding in 1999, Colombo Law has been handling personal injury matters in Morgantown and throughout West Virginia. West Virginia negligence law is based on the principle of modified comparative fault.
Under the modified comparative fault standard, you can still recover compensation for your injuries if your share of fault is less than that of the defendant(s). This is known as the 50% rule. If you are less than 50% at fault but not totally blameless, any damages are reduced according to your percentage of responsibility (see West Virginia Code § 55-7-13c).
West Virginia’s comparative negligence rule can be daunting. Colombo Law often receives inquiries from people who are concerned about taking legal action because they are unsure if they were at fault. Don’t let this deter you from speaking with a personal injury lawyer.
Insurance companies and defendants aren’t always honest in assigning blame. You may have a valid claim, and you may be entitled to more compensation than you’ve been led to believe.
What Is Needed to Prove Negligence?
Colombo Law understands the importance of collecting strong evidence when preparing personal injury cases. Our attorneys can gather the following on your behalf:
The evidence needed to prove negligence is often short-lived. For example, if you are injured in a car accident, the vehicles will be moved and debris swept away very quickly. Ideally, you will be able to protect your rights at the scene by gathering important evidence. But, if you can’t take these steps, Colombo Law can immediately start to investigate for you.
We use a similar approach for all of the Morgantown personal injury claims we handle. Our lawyers swiftly collect evidence of negligence so we can prepare strong claims on behalf of our clients.
Where Do I File a Negligence Claim?
Colombo Law’s emphasis on trial preparation is hugely beneficial for your case. Not only will our attorneys be prepared if it becomes necessary to file a personal injury lawsuit, but the fact that we take cases to trial — and often win — means that insurance companies generally think twice before offering our clients than they deserve.
Most personal injury claims are settled. Sometimes it is necessary to file a lawsuit, though the likelihood that your case will actually go to trial is pretty slim. In West Virginia, the following courts have jurisdiction in civil claims based on negligence:
Circuit courts have jurisdiction in most personal injury cases. For example, if you are injured in an accident in Morgantown, our personal injury lawyers would file a complaint with the Circuit Court of Monongalia County.
Magistrate courts have jurisdiction in personal injury claims where the damages total less than $10,000. If you suffered a minor injury, the local magistrate court may have jurisdiction in your case. However, we strongly recommend speaking with an attorney, as personal injury damages can easily exceed the threshold when all losses are taken into account.
If the parties are citizens of different states and the damages exceed $75,000, the case may be removed to federal court. West Virginia has two federal judicial districts: the Northern District (which includes Morgantown and Mon County) and the Southern District.
Commercial trucking accident claims are more likely to end up in federal court. The defendant(s) may reside outside of West Virginia, and the damages in a truck accident case often surpass the $75,000 threshold. Questions involving federal regulations, as well as the fact that trucking companies often operate across state lines, may also result in a federal court having jurisdiction.
At Colombo Law, we have extensive experience representing clients in state and federal courts. Our team will review your negligence case to determine which court has jurisdiction. We will not hesitate to file a lawsuit if settlement negotiations stall or an insurer refuses to compensate you fairly.
How Much Is a Negligence Claim Worth?
The personal injury lawyers at Colombo Law are dedicated to maximizing your compensation for an accident. Negligence resulting in personal injury can have devastating consequences, and we pride ourselves on fighting for the outcome you deserve.
How much your negligence case is worth depends on a number of different factors, including how serious your injuries are. Potential damages you may be entitled to include:
West Virginia doesn’t generally place caps on damages in personal injury claims. However, in 2024, the state instituted a cap on non-economic losses in commercial motor vehicle accident claims. Under certain circumstances, the employer of a negligent commercial driver may only be held liable for up to $5 million in non-economic damages. This amount is adjusted for inflation annually (see West Virginia Code § 55-7-32).
If you or someone you love has been harmed due to another’s negligence, Colombo Law will strive to maximize your recovery. We collect all available evidence and work closely with expert witnesses to establish the damages you and your family are owed.
Broadly speaking, negligence in personal injury law refers to fault. To recover compensation, you need to prove that the defendant owed you a duty, breached their duty, and that breach proximately caused your injuries and damages.
Specific conditions must be met to prove negligence in a personal injury case. At Colombo Law, our experienced personal injury attorneys are here to help you navigate your personal injury claim and recover the maximum compensation you deserve for the damages you have suffered.
For a FREE case review, call Colombo Law at 304-599-4229 today. Our personal injury lawyers serve clients in Morgantown and throughout West Virginia.
What Is the Standard of Proof for Negligence?
You may have heard the term “beyond a reasonable doubt.” This is the burden of proof in a criminal trial.
A different standard applies in personal injury matters, which are civil claims. In personal injury cases, the burden of proof is “preponderance of the evidence.” This means that the defendant’s actions were more likely than not the cause of your injuries.
What Are the Elements of a Negligence Case?
The plaintiff has the burden of proof in a personal injury claim. A knowledgeable personal injury attorney can help you prove each of the following elements of negligence:
1. Duty of Care
Your attorney’s first job will be to establish the other party’s duty of care. That is, did the defendant have a responsibility to avoid actions that would put you in harm’s way?
A duty of care exists between motorists, between the owner of a property and people who lawfully access the premises, and other parties. Drawing on applicable legal principles, your lawyer can establish the duty owed to you by the defendant.
2. Breach
Next, your attorney will seek to establish that the other party breached this duty. Proving this will require evidence showing the specific ways the defendant failed to uphold the duty of care. This is often where a significant portion of the investigation takes place.
3. Causation
Then, you must prove that this breach of duty was a cause of your injuries. Showing that the defendant breached the duty of care is not enough to satisfy this element of negligence in personal injury law. If someone breached their duty of care but it did not result in injuries, there are no grounds to pursue compensation. You must show direct causation.
4. Damages
Finally, your attorney will need to prove that these injuries resulted in damages. If they did not, you do not have a case.
For example, if you were injured in an accident but neglected to receive medical attention, you would not be able to recover compensation for medical bills. You must be able to produce evidence that shows the damages you sustained as a direct result of your injuries.
Once your attorney has obtained evidence to prove each of these points, they will begin negotiating with the insurance company. In many cases, a settlement can be reached. That said, there are times when the only way to recover the compensation you need and deserve is to file a lawsuit and proceed to trial.
What Part of Negligence Is Hardest to Prove?
The second and third elements of negligence (breach and causation) tend to be the most difficult to prove. Showing a direct link between someone’s action or inaction and the injuries you suffered can be challenging.
It will also most likely be what the insurance company focuses on. They may try to use your words against you in an effort to avoid liability. As such, we recommend leaving communications with the insurance company to your lawyer.
Proving negligence may require detailed evidence and expert testimony, especially in cases involving multiple factors contributing to the plaintiff’s injuries. A knowledgeable personal injury attorney will know how to prepare a strong case on your behalf.
How Do You Win a Negligence Case?
Winning a negligence case requires an effective mix of:
Focused persistence on fighting for your rights and recovering maximum compensation
It is important to understand that “winning” does not just mean receiving a settlement offer from an insurance company. If you have a strong case, the insurance company is likely to offer you a settlement. But it is unlikely that this offer will be what you deserve. Instead, truly “winning” is when you recover the full compensation you are due.
In many cases, yes, it is difficult to prove negligence. The more serious the accident is and the more expensive the damages, the more difficult it will be. Insurance companies, despite how friendly they might portray themselves, are not quick to offer accident victims the compensation they deserve.
At Colombo Law, we are here to help. We are passionate defendants of West Virginians injured due to the fault of others, and we have recovered millions of dollars in verdicts and settlements.
