What must a plaintiff prove to recover damages in a negligence action?

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In a negligence action, a plaintiff must demonstrate that they suffered actual physical harm as a result of the defendant's negligent conduct. This requirement is fundamental because negligence hinges on the breach of a duty that directly causes tangible injuries to the plaintiff. To successfully recover damages, the plaintiff must establish that there was a measurable impact on their body or property, acknowledging that the primary goal of tort law is to provide compensation for real losses.

While emotional distress, loss of future earnings, and nominal damages may arise in certain scenarios, they are not foundational elements in all negligence claims. Emotional distress claims can sometimes be part of the damages sought, but generally, they would require a demonstration of emotional injury accompanying actual physical harm. Future earnings loss falls under the broader spectrum of damages a plaintiff may claim if their injuries impact their ability to work, but it still relies on having established an initial physical injury. Nominal damages are typically awarded in cases where a legal right has been violated without actual harm and aren't part of the standard proof required in tort actions. Thus, the necessity for actual physical harm as a proof point in negligence actions underscores the essence of injury as a cornerstone for liability.

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