Proving Negligence in a Delaware Personal Injury Case

Personal injury accidents happen when a person is injured or dies because of another party’s negligence. These accidents have the potential to be devastating and affect a person for the rest of their lives. Because of this, they are able to hold the negligent party responsible for their actions. This can be done through a personal injury lawsuit. During the lawsuit, the injured party is required to satisfy the burden of proof. To have a successful case, they must prove the defendant had a duty of care, breached that duty, and caused their injuries as a result.

A person’s duty of care to another can either be express or implied. Regardless of which it is, the injured party is required to prove this duty existed. This can be done through the following steps:

Proving A Duty of Care Existed

In order to prove that duty existed, the injured party must know how the accident happened and why the other party is liable. If an accident occurred because of poor property conditions, the property owner is responsible. Property owners have an obligation to ensure their property is safe.  When an accident happens as a result of a hazardous on their property and someone is injured, the property owner may be liable. This is done through premises liability laws.

Other times, an accident can happen because of a faulty product. If a manufacturer makes a product incorrectly, it can experience a malfunction and hurt someone. When this happens, the manufacturer may be held responsible. This is done through product liability laws.

Prove the Duty of Care Was Breached

Once a duty of care is proven, the injured party must show how the duty was breached. This can be done through:

  • Incident reports
  • Eyewitness testimony
  • Expert witness testimony
  • Surveillance footage
  • Chemical test results
  • Pictures or videos of the scene


The next step in proving negligence is showing that the breach of duty caused the accident as well as the injuries that were sustained during it. This is required to have a successful negligence claim.  To do so, the injured party and their attorney must show how the accident took place in addition to how the damages, injuries, and losses occurred as a result of it.

Seeking Damages

When a personal injury case is successful, they injured may receive financial compensation for the trauma they experienced. This exists so that the individual can relax and recover without any worrying about extra expenses or lost wages that occurred as a result of the accident. To receive compensation, the injured party must prove the damages were due to this negligence. Damages that may be recovered after an accident can include:

  • Medical bills
  • Lost wages and benefits
  • The loss of future earning capacity
  • Physical therapy
  • Occupational therapy
  • Court costs

Contact our Firm

If you or someone you know was involved in a personal injury accident and wishes to speak with a skilled attorney, contact Mattleman, Weinroth & Miller, P.C. today.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.