Negligence Personal Injury Lawsuit

By Aghabegian & Associates on January 19, 2022

Proving negligence is often a critical part of personal injury lawsuits. If the negligent actions of one individual or entity are found to have caused the injuries of another, they can be held legally responsible. The at-fault party or their insurance company may then be ordered to provide financial compensation to the victim.

Given that personal injury law encompasses a wide range of incidents and circumstances, there are many examples of negligence in a personal injury lawsuit. For example, a driver who drives under the influence of alcohol or who speeds may be deemed negligent. Similarly, a landlord who refuses to repair a broken window, door, or staircase may be found negligent if an injury should occur. To learn more about negligence in personal injury lawsuits, keep reading.

Understanding Negligence in a Personal Injury Case

In many personal injury lawsuits, the claimant’s argument is centered on the concept of negligence. This means that the claimant, along with their attorney, is working to prove that the at-fault party acted negligently, which caused the incident and subsequent injury. It’s important to note that the burden of proof is always going to be on the claimant, so it’s their job (and the job of their attorney) to prove the at-fault party was negligent. The law defines negligence as the failure to use reasonable care to prevent harm to oneself or others. Using this definition, a person is negligent if they either did something that a reasonably careful person would not do in the same circumstances or failed to do something that a reasonably careful person would have done in the same situation. There are several elements to negligence claims in personal injury law, and they include duty, breach, causation, and damages.

Personal Injury Case Basics

To understand negligence in a personal injury case, it’s also important to understand the basics of personal injury law. Personal injury law is a field of law that allows a harmed person to file a civil lawsuit in an attempt to recover damages (compensation) for the losses relating to their injury(ies). The purpose of personal injury law is to make the victim feel “whole” again following the incident and to return their life to the way it was prior to their injury. If you were recently injured, physically or emotionally, following an incident that was caused by someone else’s recklessness, negligence, or intentional act, then you may wish to file a personal injury claim.

Personal injury claims can be filed for a wide range of accidents and injuries. Examples of personal injury cases include dog bites, wrongful deaths, automobile accidents, slip and fall accidents, pedestrian accidents, and more. Personal injury claims are centered on two basic principles: liability and damages. Most personal injury lawsuits come down to whether the defendant is liable for the damage sustained by the injured party, and if so, what the nature and severity of the damages (both physical and emotional) are. If the claimant can prove both liability and damages, then they are likely to be awarded compensation for the losses they have suffered. 

To get started with filing a personal injury lawsuit, it is recommended that you hire a personal injury attorney who can represent you throughout the case. A personal injury attorney will explain the legal options available to you, file a claim with the court, and represent you in negotiations and a trial, should it come to that.

Duty of Care in a Personal Injury Case

Duty of care is a legal term that refers to the responsibility a person has to avoid causing harm to another person. For example, a driver has the legal duty to operate their vehicle with reasonable care at all times, while a business owner has a legal obligation to keep their premises free from hazardous conditions. In these two examples, if both the driver and business owner breach their duty of care, for example by driving over the speed limit or washing the floor and failing to dry it, they may be held liable for any accidents that should occur.

To successfully recover damages in a personal injury case, you and your attorney will need to prove several facts relating to the duty of care. First, you will need to prove that the defendant owed the claimant a duty of care. You will also need to prove that the defendant breached their duty of care through negligence, and finally, that the defendant’s negligence was a major factor in causing the claimant harm. 

Though this might sound complicated, an experienced personal injury attorney like those at AAESQ Law will know exactly how to prove just that. First, you and your attorney will launch an independent investigation into the incident, gathering as much evidence and information as possible. Evidence that can help you prove duty of care was breached may include police reports, eyewitness statements, photos and/or videos of the scene, medical bills and other medical records, documentation showing missed time at work, or incident reports from a store or other business where the incident occurred. 

Conclusion

Overall, negligence is at the heart of many personal injury lawsuits. In order to win your claim, you and your attorney will need to work together to prove that the defendant acted negligently and that it was this negligence that led to your injury. 

Ultimately, if you or someone you love was recently injured in an accident that was caused by another person’s negligence, you may have a personal injury case on your hands. Should you decide to move forward with filing a personal injury claim, we recommend hiring a personal injury attorney, like those at AAESQ Law. Our team of personal injury attorneys has over 40 years of combined experience in the field and has received millions of dollars in compensation on behalf of our clients. If you’re interested in learning more about personal injury law and how it may apply to you, we invite you to schedule a free consultation with one of our skilled attorneys. During the consultation, one of our personal injury experts will listen to the unique circumstances of your accident and advise you on whether a personal injury claim is worth pursuing. Get started today!