Proving Negligence in a Maryland Personal Injury Case

When someone becomes injured or dies due to another party’s negligence, it is known as a personal injury accident. When this happens, the injured party may want to hold the negligent party responsible for their actions that caused the accident. To win a negligence claim, the injured party is required to prove two things: that the defendant breached the duty of care they were obligated to provide and that the breach directly caused their injuries.

The duty of care an individual must provide can either be express or implied. Regardless of how it is established, the injured party is required to satisfy the burden of proof. This can be done by fulfilling the following steps:

Prove a Duty of Care Existed

In most personal injury cases, proving that a person owed a duty of care is fairly straight forward. If the accident happened due to premises liability, the owner of that property was responsible for the duty of care. This is done by ensuring safe conditions on the property for those who come onto it. In addition to this, motorists have a duty to be responsible on the road to ensure the safety of themselves and others. Alternatively, if the accident happened due to product liability, the manufacturer may be responsible for producing a defective product.

Prove Duty of Care Was Breached

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

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


To have a successful negligence claim, an injured party must prove that the accident and the injuries that were sustained were a direct result of this breach of duty. In order to prove this, the injured and their attorney must demonstrate how the accident happened in addition to how the damages, injuries, and losses happened because of this accident.

Seeking Damages

Personal injury claims exist to set right what was wronged by the victim and try to make them whole again. In order to receive financial compensation for the accident that occurred, the injured party must prove that there were damages as a result of the negligent behavior. Damages that may be recovered after an accident can include but is not limited to:

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

Contact our Firm

If you have been injured as a result of a defective product and wish to speak with an attorney, contact the Law Offices of Markey & Orsi today.

The legal team at Markey & Orsi has proudly represented clients who have been injured throughout the state of Maryland due to the negligence of another party for nearly 30 years. If you require strong legal representation, contact Markey & Orsi today to schedule a consultation.

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