You may have heard the word negligence, but did you know that it has a special legal meaning? If you were injured due to someone else’s actions, you may be entitled to financial compensation if you can show that the person or party was negligent. An experienced personal injury lawyer can evaluate your situation during a free case review and explain if you have legal grounds to file a negligence claim.
Continue reading to learn more about negligence and how it can impact your personal injury case.
How Do You Define Negligence?
Negligence is a legal theory that provides a pathway for injury victims to pursue compensation for their losses. Negligence essentially means that someone acted in a manner that a reasonably prudent person would not have acted under similar circumstances, resulting in injury to another person.
There are other legal theories that can provide a basis for seeking compensation against another party, such as:
- Intentional torts, which hold people liable for deliberately harming others
- Strict liability, which applies in cases such as dog bites, holds another party liable if you were injured, regardless of fault
- Breach of warranty, which holds companies responsible when their product does not work as marketed
An experienced personal injury attorney can carefully evaluate your case and explain if you have a viable claim.
What Are the Elements of Negligence?
To successfully show that another party was negligent and you are entitled to compensation from them, you must prove the following legal elements:
Duty of Care
The duty of care is the legal duty that someone owes to another.
There are different duties of care in different situations, such as:
- Drivers must obey the rules of the road.
- Property owners must keep their properties in a safe condition and warn visitors of known hazards.
- Medical providers must adhere to the standard of care in medicine.
- Product manufacturers must design their products to ensure they are safe for use as intended.
The duty of care may be based on the relationship between the parties, such as an employer’s duty to maintain a safe working environment for their workers, or contract terms. Absent a specific duty defined by law, all people have a legal duty to act reasonably to avoid injuring others.
Breach of Duty
A breach of duty occurs when the defendant does something that violates their duty of care, such as:
- A driver speeds in violation of the law.
- A property owner doesn’t warn a guest about a hole in the floor.
- A doctor nicks an artery during surgery.
- A product manufacturer used the wrong screw when assembling items.
When someone breaches this duty and causes harm, they can be held legally responsible for the injuries and losses that follow.
Causation
Causation establishes the link between the defendant’s actions and the injuries, such as:
- The car accident would not have occurred if the other driver hadn’t been speeding.
- The guest wouldn’t have fallen if they had been warned about the hole.
- The patient wouldn’t have been injured if the surgeon hadn’t nicked an artery during surgery.
- The product wouldn’t have disassembled if the manufacturer had used quality control measures.
Objective evidence such as video footage, accident scene photos, and witness statements can help establish causation.
Damages
Damages are the harm the victim suffered as a result of the accident, such as medical expenses or lost wages. They can also include pain and suffering, property damage, and future costs for rehabilitation or ongoing care. Keep bills, pay stubs, and medical records to help prove the full amount you’re owed.
What Are Common Negligence Scenarios?
Imagine the following scenario:
Judy was at a red light when another driver rear-ended her. Upon further investigation, it was determined that the other driver was texting and driving, so they didn’t notice that Judy was stopped. Judy suffered whiplash.
Here is how the various elements of a negligence claim might be proven:
- Duty of care: All Indiana drivers have a legal duty to obey all relevant traffic rules. Specifically, they must obey the distracted driving law.
- Breach of duty: Accident reports, witness statements, dash cam footage, traffic camera footage, and cell phone records may be able to prove the other driver was texting while driving and not paying attention to the road in front of them.
- Causation: Medical records may be able to link the victim’s injuries to the car accident. If the other driver had not been texting while driving, Judy would not have suffered whiplash.
- Damages: Judy sustained injuries, has medical bills and lost wages due to her injuries, and has endured pain and suffering as a result of the car accident.
As the plaintiff in a personal injury case, you bear the burden of proof. You must show each of these legal elements by a preponderance of the evidence. This means that it is more likely than not that the legal elements occurred.
Contact the Indianapolis Personal Injury Lawyers at Wilson Kehoe Winingham Injury Lawyers for Help Today
If you were injured due to someone else’s negligence, you shouldn’t have to pay the consequences. An experienced Indianapolis personal injury attorney from Wilson Kehoe Winingham Injury Lawyers can review your situation and determine if you have legal grounds to file a case. Call us today at (317) 920-6400 for a free, no-obligation consultation.