{"id":352936,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/elements-of-a-negligence-case.html"},"modified":"2025-10-08T15:52:18","modified_gmt":"2025-10-08T20:52:18","slug":"elements-of-a-negligence-case","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/elements-of-a-negligence-case.html","title":{"rendered":"Elements of a Negligence Case"},"content":{"rendered":"\n
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Elements of a Negligence Case<\/h1>\n\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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After an auto accident or another type of personal injury, a plaintiff must prove all the “elements” to win a negligence lawsuit. The basic elements of negligence include duty of care, breach of duty, causation, and damages.<\/p>\n\n <\/div>\n\n\n\n

Juries are instructed to consider the facts, testimony, and evidence in a negligence tort. This information helps a jury determine whether the following elements were satisfied in a personal injury case:<\/p>\n