Causation is one of the most important elements of a Nevada personal injury claim because it connects the defendant’s actions directly to your injuries and determines whether you are legally entitled to compensation.
What Are the Legal Elements of a Personal Injury Claim?
Negligence is the failure to use the level of care that a reasonably prudent person would have used in the same situation. The legal elements you must prove are:
- Duty – The person responsible for causing your injury had a legal duty of care
- Breach of Duty – The person breached their duty of care through their actions or omissions
- Causation – The breach of duty was the direct and proximate cause of your injury
- Damages – You sustained damages because of the breach of duty
You have the burden of proving the above elements. If you file a personal injury lawsuit, the level of proof is by a preponderance of the evidence. The evidence you present must convince the jurors that there is a greater than 50% chance that the defendant caused your injuries.
Common examples of personal injury claims based on negligence include:
- Auto accidents
- Medical malpractice
- Truck accidents
- Product liability claims
- Drunk driving accidents
- Wrongful death claims
The elements you must prove to create liability for intentional wrongdoing are similar. You must show that the person knew their conduct could cause harm, but they continued with the conduct despite that knowledge. The evidence must show that the conduct was the direct and proximate cause of your injuries and that you sustained damages. Assault is a common example of intentional wrongdoing. The person knew that the conduct could harm you, but they chose to continue even though you would be injured.
