Why do accidents happen? Often, it’s because someone didn’t take proper care, a legal term known as “negligence.”
If you’re injured and considering a personal injury claim, proving negligence is key. The answer to securing compensation for your medical bills, lost wages, and pain and suffering lies in demonstrating that someone’s lack of care caused your injuries. Here’s a rundown of what you need to know about negligence and how it applies to your claim.
Defining Negligence
Negligence happens when someone is careless. To put it in legalese, the defendant fails to exercise the level of care that a reasonable person would in a similar situation. It’s a way of determining fault when someone’s actions — or lack thereof — cause an accident or injury.
The yardstick for negligence is how a “reasonable person” would behave in similar circumstances. If a driver speeds through a red light and causes an accident, they’ve failed to act like a reasonable person. Or, say that a doctor overlooks critical symptoms and makes a misdiagnosis that harms the patient. Their failure to meet reasonable medical standards can be considered negligence.
Note that negligence can occur not only through actions but also through failing to act. For example, a reasonable property owner has a duty to regularly inspect their premises and fix hazards, such as a broken sidewalk or a leaky roof. If a store owner neglects to fix a slippery floor and someone slips and gets injured, that owner may be deemed negligent.
Elements of Negligence
A successful negligence claim proves four key elements.
- Duty of Care: First up, we need to show that the defendant had a responsibility to act safely and not hurt anyone. For example, drivers must follow traffic laws to keep the roads safe for everyone.
- Breach of Duty: This happens when the defendant fails to act as carefully as they should. Running a red light, for instance, is a breach of the duty to drive responsibly.
- Causation: This means showing that someone’s actions directly led to your harm.
- Damages: Finally, the plaintiff must show that they got hurt or suffered losses because of the breach. This could be physical injuries, emotional pain, or financial setbacks from the accident.
Each element plays a critical role in determining whether the defendant’s conduct was indeed negligent.
Types of Negligence
There are different types of negligence, depending on how careless someone was and what went wrong.
- Simple Negligence: This is everyday carelessness. For example, a slip-and-fall accident caused by a wet floor with no warning signs is simple negligence.
- Gross Negligence: This is negligence taken to the extreme, where someone completely ignores safety rules. Think of someone driving drunk — this is more than just careless; it’s a blatant disregard for everyone’s safety.
- Comparative Negligence: Sometimes, more than one person is to blame for an accident. Comparative negligence helps sort this out by dividing responsibility based on each party’s level of fault.
Legal Consequences of Negligence
When negligence is proven in court, the responsible party can face serious consequences. The injured person may receive economic damages to cover their medical bills, lost wages, and other costs related to the accident. You may also receive non-economic damages, which cover mental anguish and pain and suffering from the accident.
In cases of gross negligence, where the behavior is shockingly reckless, the court may also impose punitive damages. These are extra penalties aimed at punishing the wrongdoer and discouraging similar actions in the future.
Defending Against Negligence Claims
When defending against negligence claims, defendants can use several strategies:
Comparative Negligence: This defense suggests that the plaintiff’s own actions contributed to their injuries. If proven, it can reduce or even eliminate the defendant’s responsibility.
Assumption of Risk: If the plaintiff willingly participated in a risky activity, like skydiving or racing, the defendant may argue that the plaintiff accepted those risks and can’t blame them for the injury.
Lack of Causation: The defendant might argue that their actions weren’t directly responsible for the plaintiff’s injuries, shifting the blame elsewhere.
No matter how creative the defense is, an attorney can help you.
If someone else’s carelessness has caused you harm, a Lumberton personal injury lawyer can provide clarity and guidance. Contact us today at 409-207-9672 to schedule a free consultation.