Charges of negligence often arise in personal injury cases when the at-fault party (or defendant) caused the accident in which the injury victim (or plaintiff) suffered mental and/or physical harm. In cases such as these, the judgment or outcome typically hinges on the plaintiff’s and personal injury lawyer’s ability to prove that the defendant was negligent and caused the accident as well as the injuries that the plaintiff suffered.
What is Negligence?
According to most legal dictionaries, “negligence” is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions but can also consist of omissions when there is some duty to act.” In other words, a person may be charged with negligence if they:
• do something that a reasonable person wouldn’t do under similar circumstances
– or –
• not do something that a reasonable person would do under similar circumstances
Whether it occurs in business dealings, motor vehicle accidents, product manufacturing, property maintenance, or providing medical care, negligence can be found in just about any facet of our daily lives. Furthermore, any individual who suffers injuries in any type of accident that was caused by another person’s or entity’s carelessness or negligence, may be entitled to compensation for damages and financial loss.
Even when you are filing a claim for accident benefits from an insurance company, some degree of negligence may be involved. In a personal injury lawsuit involving negligence, the injury victim must prove that the defendant’s or at-fault party’s:
• Actions or lack thereof caused the plaintiff physical harm – the plaintiff must prove that the defendant’s negligence caused their injuries
• Actions or lack thereof were contradictory to what a reasonable person would do under similar circumstances – the “standard of care” refers to the amount of care that should be given in given situation. This is known as a “duty of care.” In legal circles, we are all held to a reasonable person’s standards
• Legal obligation to the plaintiff to use reasonable care was breached (not upheld) – when it comes to negligence in a personal injury case, the general rule of thumb is that all of us must use reasonable care in order to prevent injuring another individual or individuals
If you or a loved one suffered injuries in an accident and you believe negligence may have been involved, you owe it to yourself to speak with a Personal Injury Lawyer in Burlington. They understand the complexities of the whole process and can assist you at every step of the way. Thus, call an experienced lawyer after the accident.
