Accidents are sometimes unavoidable. However, many accidents are caused by negligence. Accident attorneys deal with negligence claims every day. In fact, they must prove negligence in nearly every case they handle, such as car accidents, truck accidents, slip and fall cases, and others.
So, just what is negligence, and how can it affect your personal injury claim? Dive into all the details below to learn everything you need to know about this legal concept.
What Is Negligence?
Negligence is typically defined as failing to act with the same standard of care that a reasonable person would have used in a similar situation. When it comes to personal injury law, negligence occurs when someone is injured because another person was acting carelessly. Negligence forms the basis for nearly all tort law claims.
There are four basic elements of negligence:
- Duty of care
- Breach of that duty
- Injuries or damages
- Causation
Imagine that you are injured in a car accident because another driver was speeding and driving recklessly. You hire a car accident attorney to help you get compensated for your injuries. To be successful with your claim, you will need to prove the elements of negligence. Keep reading to dive into more details about each element.
The Duty of Care
The first element of negligence is proving that the other party owed you a duty of care. A duty of care may be established by law or through customary practice. The legal requirement that people owe others a duty of care in many circumstances is in place to help prevent accidents and injuries.
Where no law exists that establishes a specific duty of care, the “reasonable person” standard is typically applied. This basically means that you must act in a similar manner to how a reasonable person would act in a similar situation.
Think back to the example of the car accident above. When someone operates a vehicle on the roadway, they owe other drivers a duty of care to obey the traffic laws and operate the vehicle in a reasonable manner. So, just by showing that the other driver was operating a vehicle, you are beginning to prove that they owed you a duty of care.
What Constitutes a Breach of the Duty of Care?
The duty of care is breached when the defendant acts in a manner that is not reasonable under the circumstances. It is important to note that a breach may occur as a result of some action or even inaction. A failure to act may also be considered a breach of duty in some cases. For instance, failure to provide certain life-saving treatments could be considered a breach of duty during a medical malpractice case.
Thinking back again to the previous car accident example. Since the other driver was speeding and driving recklessly, they have likely breached their duty of care owed to you. Presenting evidence of their conduct can be a way to prove their breach of duty.
What Qualifies As Damages In a Negligence Claim?
There are many things that can qualify as damages in a negligence claim. Not all injuries in a negligence claim must be physical injuries to your body.
Damages can be any negative consequence or financial loss that you suffered as a result of the accident, including:
- Medical bills
- Property damage
- Pain & suffering
- Anxiety or PTSD
- Lost wages
Most personal injury claims include either some type of physical injury or property damage. Remember our previous car accident example? If you suffered a broken leg and missed three weeks from work because of the accident, then your medical bills, pain and suffering, and lost wages could all be considered part of your damages.
Proving Causation In Negligence Claims
You must prove that the injuries you sustained were a direct result of the defendant’s conduct and that those types of injuries were a foreseeable result of that conduct. These types of causation are known as direct causation and proximate causation.
Let’s take one last look at the previous example of a car accident. To prove direct causation, you may show that your injuries would not have occurred had the defendant been driving under the speed limit and in a safe manner. You can also show that a broken leg and lost wages are foreseeable injuries that may be sustained in a crash with a reckless driver.
Let a Personal Injury Attorney Help With Your Negligence Claim
If someone else’s negligence has injured you, you should seek the advice of a personal injury attorney to help you through your claim. Your attorney can help you gather evidence and put together a winning strategy to get a full and fair recovery. To discuss the specifics of your case, contact a personal injury lawyer by calling us at (419) 625-7770 at Wisehart Wright Trial Lawyers.