If you believe you have suffered harm or injury due to someone’s negligent actions, you may wonder if you can receive financial compensation for your injuries. The good news is that if you can prove that someone else was to blame for your accident injuries because of their negligence, you can hold them accountable. You may have the legal right to a settlement check or sue them in court.
Negligence refers to the failure to exercise the level of care and caution that a reasonable person would in the same circumstances. Whether it is a car accident caused by a distracted driver or a slip and fall due to a property owner’s negligence, you may have grounds for a lawsuit.
It is essential to consult with an experienced attorney who can evaluate the details of your case and ensure you understand your options. Do not hesitate to seek legal advice and take action to protect your rights. It costs you nothing out of your pocket to speak with a personal injury attorney, and you owe them nothing if you do not receive money for your injuries.
Understanding Negligence in Legal Terms
Negligence is a legal concept that forms the basis for many personal injury claims. The mere fact that an accident occurred does not automatically mean that there was negligence. Instead, you must prove that someone else departed from the standard of care they owed you under the circumstances.
Proving negligence in court requires gathering evidence and presenting a compelling case.
Here are the steps involved in proving negligence:
- Duty of Care: Establish that the defendant owed the plaintiff a duty of care, which can vary depending on the case’s specific circumstances. For example, drivers have a duty of care to other drivers on the road to drive safely and follow traffic laws.
- Breach of Duty: Show that the defendant breached their duty of care by demonstrating that their actions or inactions fell below the standard of care expected in similar circumstances. This proof often requires expert testimony to establish what a reasonable person would have done in the same situation.
- Causation: Prove that the defendant’s breach of duty caused the plaintiff’s harm or injury by showing a direct link between the defendant’s actions and the damage suffered by the plaintiff. Medical records, accident reports, and witness testimony can establish causation.
- Damages: Finally, demonstrate that the plaintiff suffered actual harm, either physical, emotional, or financial, as a result of the defendant’s negligence. This proof can include medical bills, lost earnings, pain and suffering, and other damages.
It is important to note that you need to prove each element of negligence by a preponderance of the evidence, meaning that it is more likely than not that the defendant was negligent. The preponderance of the evidence standard is akin to showing that there is a 51 percent chance that the facts you alleged are more likely than not to be true.
You must come forward with evidence that proves these elements, or else you cannot win your case. Your personal injury lawyer can investigate the accident and compile this evidence on your behalf.
Evidence that can help prove negligence in a personal injury case includes:
- Witness testimony from people who saw the accident
- Pictures of the scene of the accident
- A police report from an officer who came to the scene of the accident
- Video camera footage of the accident
- Testimony from an accident reconstruction expert who can recreate what happened
Examples of Negligence in Personal Injury Cases
Negligence can occur in various situations, including car accidents, medical malpractice, slip and falls, product liability cases, etc. Examples of negligence in a personal injury case may include:
- Crashing into the rear of another vehicle
- Leaving debris in a walking path for an unreasonable amount of time
- Failure to provide adequate security on the premise
- Hitting a pedestrian crossing the street because the driver failed to yield the right of way at a crosswalk.
Types of Negligence Claims
Several types of negligence claims can arise in personal injury cases. Some common categories include:
- Negligence per se: Negligence per se occurs when a defendant violates a statute or regulation intended to prevent the type of harm the plaintiff suffered. For example, if a driver was texting and driving and caused an accident, they may be liable under negligence per se.
- Gross negligence: Gross negligence refers to an extreme deviation from the standard of care that a reasonable person would exercise in the same circumstances. It involves a reckless disregard for the safety of others and can lead to additional damages, such as punitive damages.
- Professional negligence: Also known as malpractice, professional negligence occurs when a professional fails to meet the standard of care expected in their industry. This negligence can include medical, legal, and other professional errors.
- Vicarious liability: In some cases, an employer may be liable for the negligent actions of their employees if those actions occurred within the scope of employment. In this case, you may gain access to the deeper pockets of the employer because they may have a more extensive insurance policy and assets that you can receive in a judgment.
These are just a few examples of negligence claims, and the specific circumstances of each case will determine the type of claim you can pursue.
Potential Challenges in a Negligence Lawsuit
While negligence claims can be successful, potential challenges may arise during the legal process.
For example, insurance companies may try to blame you for the accident injury, either in whole or in part. If they are successful, it can reduce the amount of your compensation or even eliminate it. In some cases, both parties are partially at fault for the accident or injury, impacting the plaintiff’s compensation. When the insurance company tries to blame you for the accident, you must fight back with the help of a personal injury attorney. If you do not contest these allegations, the insurance company may succeed in reducing your compensation.
The responsible party often has insurance, and their insurance company will represent them in the legal process. Insurance companies may also use hardball tactics to contest your claims of negligence. They want to protect their interests at all costs because they know that they may owe you money.
If the negligent party has insurance coverage, their insurance company may try to minimize or deny your claim. Insurance companies have experience handling personal injury cases and may use various tactics to protect their interests. Having a knowledgeable attorney by your side can help level the playing field and protect your rights.
You also need to file your case before the statute of limitations. Each state has a statute of limitations restricting your time to file a lawsuit, and if you fail to file within the specified time frame, you may lose your right to pursue a negligence claim. The statute of limitations begins to run on the date you knew or should have known you suffered an injury. The defendant may plead the statute of limitations as an affirmative defense, and the court may dismiss your case entirely if a judge finds that you missed the deadline.
Steps to Take If You Think You Have a Negligence Claim
If you believe you have a negligence claim, you must take several steps to build and preserve your right to financial compensation. First, you should seek medical attention because your health and well-being are top priorities. If you have suffered an injury, seek immediate medical attention and follow your doctor’s advice. If you do not see a doctor, your health may suffer, and the insurance company may be on a firmer footing when trying to contest your claim or minimize the damages it offers you in a settlement.
You should also collect as much information as possible about the incident. This evidence can include photographs of the scene, witness contact information, and any other relevant details. Preserve any proof that relates to your claim, including damaged property, medical records, and any other documents that support your case. However, it is difficult to investigate your own accident, so hiring an attorney is vital. They can collect the evidence you need to win your case while it is still available.
Your personal injury attorney should also have experience in negligence claims. They can evaluate the details of your case, determine if you have a valid claim, and guide you through the legal process. Working with an experienced attorney with a track record of success in handling negligence claims is essential.
Why You Need a Lawyer for a Negligence Lawsuit
Dealing with the legal system is challenging, especially regarding negligence claims. Here are a few reasons why it is invaluable to have a lawyer on your side:
- Legal experience: Personal injury attorneys understand negligence laws and the legal process. They can interpret complex legal jargon, explain your rights, and advocate for your best interests. You need someone with a deep knowledge of the law and experience in standing up to insurance companies to protect your legal rights adequately.
- Case evaluation: An experienced attorney can assess the strength of your case, gather evidence, and determine the potential value of your claim. They can also identify any challenges or obstacles that may arise during the legal process.
- Settlement negotiations: Insurance companies often try to settle claims quickly and for as little money as possible. A skilled attorney can negotiate with the insurance company on your behalf to ensure you receive fair compensation for your injuries and damages. Oftentimes, the threat of litigation is enough for insurance companies to take you more seriously, and it can frighten them into raising their settlement offer to a more reasonable level.
- Trial representation: If your case goes to trial, having a lawyer by your side can significantly affect the outcome. They can present your case to the court, cross-examine witnesses, and argue for the compensation you deserve. You should hire a personal injury lawyer who has experience in the courtroom.
- Peace of mind: Dealing with the aftermath of an accident or injury can be stressful and overwhelming. Having a lawyer handle the legal aspects of your case allows you to focus on your recovery while knowing you have a dedicated advocate fighting for your rights.
Time is of the essence in negligence cases. Consult with a personal injury attorney as soon as possible to protect your rights and explore your legal options. If you wait too long to hire an experienced personal injury lawyer, proving your case may become more complex. In addition, the insurance company can also gain an upper hand over you because it can pressure you into making mistakes that undermine your claim.
It Costs You Nothing Out of Pocket to Hire a Personal Injury Attorney
When you have suffered an injury in an accident due to someone else’s negligence, the last thing you want to worry about is the financial burden of hiring a lawyer. The good news is that you do not have to worry about paying anything out of pocket regarding personal injury claims.
Personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. This fee is typically an agreed-on percentage of the final settlement or court award. You will not owe them any money if your lawyer does not win your case.
Hiring a personal injury lawyer on a contingency fee basis has several benefits. First and foremost, it eliminates the financial barrier that often prevents people from seeking legal representation. You can focus on your recovery and getting your life back on track without worrying about the cost of legal fees. Additionally, it aligns the interests of you and your lawyer – they only get paid if you win, so they have a strong motivation to work hard and achieve the best possible outcome for you.
A Personal Injury Attorney is Standing By
Remember, you may have the legal right to compensation if you have suffered harm or injury due to someone’s negligence. Establishing negligence requires proving that the defendant had a duty of care, breached that duty, caused you harm or injury, and resulted in damages. However, the legal process is complex, and having an experienced attorney by your side is essential. They can evaluate the details of your case, gather evidence, and represent your best interests throughout the legal process.
