To establish a personal injury or negligence case, you must be able to prove three things: 1) that another person or entity was negligent; 2) the negligence caused you harm; and 3) the value of the harm.

Negligence is the failure to use the amount of care which an ordinarily careful person would use under the same circumstances. This is the "reasonable man" standard. For example, an ordinarily careful person will keep a proper lookout while driving so he does not collide with other vehicles. If a driver does not pay attention, runs a stop sign, and collides with a car, he failed to use ordinary care and was negligent.

Negligence is not presumed; it must be proven.

The second element has two parts: 1) harm; and 2) the negligence caused the harm. The law calls the harm "damage." Damage is any loss, injury, or deterioration. For example, damage to your car, injury to your person, and lost wages are damage. "Damages" means money paid for damage.

You must prove there is a reasonable connection between the act or omission of the negligent person and the harm which you suffered. This connection is called "proximate cause." An act or omission caused a harm if the harm would not have occurred without the act or omission. Stated another way, an act or omission is not regarded as a cause of an event if the event would have occurred regardless of the act or omission.

You must also prove the value of the damage. For example, if your car was dented, you must prove how much it will cost to fix the dent.