Gourley, Rehkemper & Lindholm

1. Defendant was negligent in one or more specific ways.

“Negligence” means failure to use ordinary or reasonable care. Ordinary care which a reasonably careful person would use under similar circumstances. “Negligence” is doing something a reasonably careful person would not do under similar circumstances, or failing to do something a reasonably careful person would do under similar circumstances.

See also Theories of Liability in Accident Lawsuits.

2. The defendant’s negligence was a proximate cause of damage to the Plaintiff; and

The conduct of a party is a proximate cause of damage when it is a substantial factor in producing damage and when the damage would not have happened except for the conduct.

There can be more than one proximate cause of an injury or damage. When the fault of two or more separate parties is so related to an event that their combined fault, when viewed as a whole, is the cause of the event without which the event would not occur, then the fault of each party may be a proximate cause, provided the fault of each substantially contributes to plaintiff's injuries.

"Substantial" means the party's fault has such an effect in producing damage as to lead a reasonable person to regard it as a cause.

3. The amount of damage.

All three elements must be proven or no recovery may be had.

Proving negligence is not as easy as may appear at first glance, yet the accident attorneys at Gourley, Rehkemper & Lindholm have successfully proven just such liability in accident cases, and held the negligent driver accountable for those actions. If you have been in an accident caused by the negligent conduct of another person, please contact us for help. We are here to help 24 hours a day. Call 525-226.0500 or toll-free at 1-877-GRL-LAWS, that's 1-877-475-5297.

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