Why Negligence Is the Foundation of Most Injury Claims
If you’ve been injured in an accident—whether it was a slip-and-fall in a grocery store in Allentown, a car crash in Bethlehem, or even a dog bite in Freemansburg—your ability to recover compensation almost always comes down to one legal concept: negligence. It’s the backbone of most personal injury cases here in Pennsylvania, and understanding how it works can help you know what to expect and what you’ll need to prove. At Michael A. Snover ESQ Attorney at Law, we’ve helped clients across the Lehigh Valley successfully hold others accountable by proving negligence—and getting fair compensation in the process.
What Is Negligence?
Negligence happens when someone fails to act with the level of care that a reasonably careful person would use in the same situation—and that failure causes harm. In plain English? It means someone wasn’t careful when they should’ve been, and you got hurt because of it. It could be a driver running a red light, a store not cleaning up a spill, or even a property owner ignoring a dangerous sidewalk. It’s not about someone doing something on purpose—it’s about carelessness that ends in real consequences.
The Four Key Elements You Must Prove
To win a negligence case in Pennsylvania, you and your attorney have to prove four things: duty, breach, causation, and damages. Let’s break those down.
Duty of Care means the person you’re filing a claim against had a legal responsibility to act in a reasonably safe manner. For example, a driver has a duty to follow traffic laws. A store owner has a duty to keep their floors clean and safe.
Breach of Duty means they failed to uphold that responsibility. Maybe they were texting while driving or didn’t fix a broken stair rail.
Causation means their actions—or lack of action—directly caused your injury. You slipped because the floor was wet and there was no warning sign. You were hit because the driver blew through a stop sign.
Damages are the actual losses you suffered—physical injuries, medical bills, lost wages, pain and suffering, or property damage.
If you can prove all four, your case is on solid ground. But gathering the right evidence and presenting it effectively is where legal experience really comes into play.
How Evidence Builds Your Case
In personal injury cases, evidence is everything. Photos, witness statements, police reports, medical records, even video footage from nearby businesses or doorbell cameras—all of it helps connect the dots and show that the other party was at fault. In car accident cases, for instance, skid marks, vehicle damage, and traffic camera footage can help show who was speeding or failed to yield. In slip-and-fall incidents, timestamped security footage or maintenance logs can prove a property owner knew about a hazard and didn’t fix it.
Modified Comparative Negligence in Pennsylvania
Here’s something not everyone knows: even if you were partially at fault, you may still be entitled to compensation. Pennsylvania follows something called modified comparative negligence. If you’re found to be less than 51% at fault, you can still recover damages—but your compensation will be reduced by your percentage of fault. So if a jury says you were 20% responsible for a car accident and your total damages were $100,000, you’d still receive $80,000. It’s not all or nothing, but it does mean every percentage point matters.
Why Legal Representation Matters
Proving negligence is not always straightforward. Insurance companies will fight hard to deny responsibility or blame you for your own injuries. That’s why having an experienced attorney in your corner can be the difference between walking away with a lowball offer—or walking away with what you actually need to recover. At Michael A. Snover ESQ Attorney at Law, we’ve represented clients in Bethlehem, Allentown, Freemansburg, Fountain Hill, Rittersville, and across the Lehigh Valley, and we understand the ins and outs of how local courts, insurers, and laws work in Pennsylvania.
Ready to Take Action?
If you’ve been injured because of someone else’s carelessness, don’t wait. Visit www.snoverlaw.com to learn more or to schedule a free, confidential consultation. We’re here to help you prove negligence, fight for what’s fair, and move forward with confidence. Serving the communities of Lehigh Valley and Eastern Lehigh Valley, Pennsylvania, we’ll treat your case like it matters—because it does.
