Personal injury claims often hinge on the concept of negligence. Understanding negligence is vital for seeking just compensation. Whether you are a victim seeking legal redress or simply interested in learning more about personal injury law, this article will provide valuable insights.
Negligence in Personal Injury Claims
In personal injury claims, negligence refers to when someone behaves in a manner that a reasonable person would not, given the same circumstances, which results in harm or injury to another person. To successfully pursue a personal injury claim, the injured party (plaintiff) must prove that the defendant’s negligence directly caused their injuries and resulting damages. It is important to note that negligence is not an intentional act, but a lack of proper care.
Types of Negligence
Negligence is not a one-size-fits-all concept. It encompasses various types, each with its implications for personal injury cases.
1. Ordinary Negligence
Ordinary negligence refers to one’s failure to act with reasonable care, which results in the harm of another person. This is the most common type of negligence found in personal injury cases.
2. Gross Negligence
Gross negligence goes beyond ordinary negligence. It involves a reckless disregard for the safety of others or a willful indifference to the potential harm that could follow. Claims involving gross negligence often result in more substantial damages.
3. Negligence Per Se
Negligence per se occurs when the defendant violates a specific law or regulation intended to prevent the type of harm suffered by the plaintiff. This violation serves as evidence of negligence, making it easier for the plaintiff to establish their case.
The Elements of Personal Injury Negligence
Proving negligence requires the establishment of four key elements: duty of care, breach of duty, causation, and damages.
1. Duty of Care
The plaintiff first needs to establish how the defendant owed them a legal duty to practice reasonable care. For example, drivers must follow traffic laws and drive carefully to avoid harming other drivers or pedestrians. Similarly, property owners must keep their premises in a safe condition to prevent injuries to visitors.
2. Breach of Duty
After the plaintiff establishes the duty of care, they need to show how the defendant breached that duty. This breach occurs when the defendant’s actions or inactions fall below the standard of care expected in the circumstances. It may include actions like not stopping for a red light or not fixing a known danger on a property.
3. Causation
The plaintiff needs to show how the defendant’s breach of duty directly caused their injuries. This means showing that the harm suffered would not have occurred if the defendant had acted with reasonable care. Proving causation can be challenging, as it requires connecting the defendant’s negligence to the specific injuries sustained.
4. Damages
Last, the plaintiff needs to show how they have truly suffered damages that can be eased by receiving legal compensation. Damages can include physical injuries, emotional distress, medical expenses, lost wages, and other financial losses resulting from the defendant’s negligence.
Types of Negligence Claims
Negligence claims can take various forms, depending on the specific circumstances of the case. Let’s explore some common types of negligence claims:
A. Medical Malpractice
Medical malpractice claims involve negligence by healthcare professionals. To establish medical malpractice, the plaintiff must show that the healthcare provider breached the standard of care expected in their profession, resulting in harm or injury to the patient. Medical malpractice cases often require expert testimony to establish the standard of care and the defendant’s deviation from it.
B. Premises Liability
Premises liability claims focus on negligence related to property ownership or maintenance. Property owners have a duty to maintain safe premises and warn visitors of any potential hazards. If a person gets injured because of a hazardous condition on someone else’s property, they may have a premises liability claim based on negligence.
C. Product Liability
Product liability claims arise when a defective product causes harm or injury to a consumer. Manufacturers, distributors, and retailers have a duty to produce and sell products that are safe for use. If a product’s defect is because of negligence in its design, manufacturing, or marketing, a consumer may have a valid product liability claim.
D. Motor Vehicle Accidents
Motor vehicle accidents often involve claims of negligence. Drivers have a duty to operate their vehicles safely and follow traffic laws. If a driver’s negligence, such as speeding, distracted driving, or failing to yield, causes an accident resulting in injuries, the injured party may pursue a personal injury claim based on negligence.
Calculating Damages in Personal Injury Cases
With calculating damages in personal injury cases, two common approaches are comparative negligence and contributory negligence:
Comparative Negligence
Comparative negligence is a legal principle that determines the allocation of fault between the plaintiff and defendant in an accident or injury case. There are two main types of comparative negligence:
Pure Comparative Negligence: In pure comparative negligence, the plaintiff can still recover damages even if they are primarily at fault. The damages awarded to the plaintiff get reduced based on their percentage of fault. For example, if the plaintiff is 40% at fault and the total damages amount to $100,000, they would be eligible to receive $60,000.
Modified Comparative Negligence: Modified comparative negligence further divides into two subcategories: the 50% rule and the 51% rule. Under the 50% rule, the plaintiff can only recover damages if their fault is less than 50%. If they are 50% or more at fault, they cannot receive any compensation. Under the 51% rule, the threshold is slightly higher at 51%. If the plaintiff is 51% or more at fault, they are barred from recovering any damages.
Contributory Negligence
Contrary to comparative negligence, contributory negligence is a legal doctrine that bars the plaintiff from recovering any compensation if they are found to have contributed, even minimally, to their own injuries. However, this doctrine is not widely followed, and most jurisdictions have adopted comparative negligence principles instead.
The Importance of Legal Representation
Navigating the complexities of negligence in personal injury claims can be challenging. Proving negligence requires presenting evidence, such as witness testimony, expert opinions, medical records, and documentation of the accident scene. An experienced personal injury attorney can guide you through the legal process. They will ensure that your rights are protected and fight for the compensation you deserve.
Brock and Stout’s personal injury attorneys have been helping clients get fair compensation for injuries caused by other’s negligence for more than 25 years. Contact us for a free evaluation of your injury claim to see if we can help you.