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To prove negligence, you must establish the following elements: A duty of care was owed The duty was breached The breach of duty caused your injuries You suffered damages The following evidence is often used to prove negligence: Photos and videos of the scene Medical records Repair or replacement estimates Medical bills Incident reports Surveillance footage Crash reports Witness statements and testimony If you can prove the opposing partys actions or inaction were negligent, you may be able to recover financially for your injuries