Seattle is a city full of hills, busy streets, and many people traveling by car, bike, bus, or on foot. Accidents happen. When someone is hurt because another person acted carelessly, they might have a legal case.
A Seattle personal injury law firm, Pendergast Law, has helped injured people for decades. They know how to prove when someone else’s negligence caused harm. So victims can recover what they deserve.
About Pendergast Law
Pendergast Law is led by attorney Joseph “J.P.” Pendergast. The firm is based in Renton, Washington, and serves clients throughout Seattle and across the state. With over 30 years of experience in personal injury law, the firm has helped thousands of clients.
J.P. Pendergast was admitted to the Washington bar in 1993. He earned his law degree from the University of Oregon and completed his undergraduate studies at the University of Washington. The firm is known for taking on insurance companies, fighting for the rights of injury victims, and serving the community.
What Is Negligence?
Negligence means someone did not act with the care a reasonable person would have used in a similar situation. In a personal injury case, the injured person (called the plaintiff) must prove certain things to win. Pendergast Law helps clients prove those things.
The Four Elements of Negligence
To prove negligence, these four elements must be shown:
1. Duty
The other person (defendant) had a legal duty to act carefully.
Example: Drivers must follow traffic laws. Property owners must keep their premises safe.
2. Breach
The defendant did not meet that duty.
Example: A driver ran a red light, or a store owner ignored a wet floor.
3. Causation
The defendant’s actions must have caused the injury.
- Actual Cause (“but for”):If the careless act hadn’t happened, the injury wouldn’t have occurred.
- Proximate Cause:The injury must be a predictable result of the defendant’s action.
4. Damages
The plaintiff must show real harm, such as:
- Medical bills
- Lost wages
- Pain and suffering
- If there are no damages, there is no case.
How Pendergast Law Proves Negligence
Here are the steps Pendergast Law takes when proving negligence in a case:
Initial Review
The team reviews what happened, collects reports (police, accident), takes photos, and gathers medical records.
Identify Violations
They look for broken laws or safety rules, like speeding, failing to warn about danger, or unsafe property conditions.
Use Expert Witnesses
Experts often explain how the injury happened or how serious it is. These may include:
- Medical experts
- Traffic experts
- Engineers (in product or construction cases)
Show Damages
They calculate the full cost of the injury, including:
- Medical expenses
- Property damage
- Lost wages
- Pain, suffering, and emotional distress
Negotiate or Go to Trial
They use the evidence to negotiate with insurance companies. If a fair deal isn’t offered, they are ready to take the case to court. Pendergast Law has recovered millions of dollars for clients.
Why Proving Negligence Matters
- If you can’t prove all four elements, your case could be dismissed.
- Insurance companies often try to avoid paying by saying one or more elements are missing.
- A skilled law firm like Pendergast Law helps make sure your case is strong and your rights are protected.
Key Takeaways
- To prove negligence, four things must be shown: duty, breach, causation, and damages.
- Evidence is key, such as medical records, photos, reports, expert opinions, and witness statements.
- A strong legal team like Pendergast Law helps build a solid case and deal with insurance companies.
- P. Pendergast and his firm bring over 30 years of experience and have a proven record of success.
- If you’ve been injured because someone else was careless, act fast—get medical care, save evidence, and speak with a skilled personal injury lawyer.
