When someone is injured as a result of another person’s negligence, Washington D.C. law allows the victim to seek monetary compensation from the party responsible for their injuries. The victim may file a negligence action, and if successful they may recover for lost wages, past and future medical bills, and even for the pain and suffering they suffered as a result of their injury. While this may sound like a simple process, the requirements for successfully bringing a negligence claim can at times be difficult to manage.
To be successful in a negligence claim, a plaintiff must show that the defendant had a duty of care towards the plaintiff, that the defendant breached that duty, that the breach was a proximate cause of the plaintiff’s injury, and that the plaintiff suffered damages as a result. When filing a claim, it is crucial to include all of these elements in the complaint. Without one of the above elements, the case can be dismissed before it even begins, and the plaintiff will not recover any compensation for their injuries.
For instance, it is not enough to establish that the defendant had a duty of care toward the plaintiff, that they breached this duty, and that the plaintiff was injured. Missing in this example is the critical element of causation. To succeed, the plaintiff must show that their injuries were a direct result of the defendant’s breach of duty. This cannot be implied but must be explicitly stated.