“Negligence” is one of the first words you may read or hear when researching personal injury law. If you don’t have a history in law, you probably don’t understand what negligence means legally or how it relates to personal injury cases. Read on to learn the fundamentals. Call The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation if you think you may have a case.
The meaning of negligence
When we talk about “negligence,” we’re talking about the motivation behind actions that led to harm. There are four different kinds of intentions: deliberate, reckless, knowing, and negligent. A person typically faces the harshest legal repercussions if they do something intentionally. A person engages in reckless behavior when they take a decision even if they are aware that it puts others at serious risk.
On the other hand, negligence does not necessitate that the conduct was performed with any sort of malicious intent.
How to show negligence
Four components must be established in order to show negligence in a car accident or other accident case. To begin with, we must demonstrate that the negligent party owed the victim a duty of care. This basically means that the responsible party had a responsibility to anticipate that their acts or inaction could have led to someone getting hurt.
Second, we need to demonstrate that the duty of care was broken. When someone deviates from what a reasonable person would do, something happens. This could involve outright breaking the law or just failing to act in the way that the courts determine a reasonable person would.
Third, we need to demonstrate causation. In essence, just because you were hurt doesn’t necessarily mean that the injury was brought on by the person’s deed or omission. Causation requires us to demonstrate that the two are connected. The need that we demonstrate that the injury would not have happened “but for” the at-fault party’s actions or inactions is known as a “but for” situation.
The last step is to establish damages. Consider this: If a homeowner left a sizable hole in their yard, you cannot claim damages from them even if you fell in and managed to climb out without getting hurt. However, you might be able to file a lawsuit for those particular damages if you fell in and fractured your leg. Medical costs, lost wages, and other expenses are used to demonstrate harm damages.
Have you had an accident-related injury? For a free legal consultation, dial now
Call The Law Offices of Larry H. Parker at 800-333-0000 as soon as possible if you have been hurt in an accident where another party was either totally or substantially to blame. The first step will be a free legal consultation so you may learn about your alternatives.