Negligence in Personal Injury Cases: What You Need to Know
October 15th, 2024
Negligence is an essential component of personal injury or tort law, and understanding negligence claims is indispensable for those seeking compensation after an accident.
Below you can learn more about what negligence means in tort law, how it might affect your case, and how to prove a negligence claim in a court of law. For more information on negligence, you should consult with a personal injury attorney.
What Is Personal Injury Negligence?
Under the law, negligence is defined as failing to uphold the level of care that a reasonable person would have done in the same situation. This reasonable level of care is what is commonly referred to as a legal duty of care. Drivers have a duty of care to drive safely while on public roadways, employers have a duty of care to provide a reasonably safe work environment, store owners have a duty of care to maintain a safe storefront, and medical professionals have a duty of care not to harm their patients. Proving negligence starts with proving that the defendant failed to provide the level of care expected of a reasonably prudent person.
Why Does Negligence Matter?
You might be wondering why you should be worrying about this complex topic in the first place. There is an important reason: proving negligence may be key to getting whatever compensation you may be owed after an accident. Injury compensation is owed to those who are harmed by another person’s actions, or their negligence. With that in mind, if you can prove that your injury was caused by another person’s negligence, you may be owed up to full compensation for your losses and suffering.
Types of Negligence
When most of us think of negligence, we think of someone acting carelessly or failing to prevent danger, but that’s just one type of negligence. There are four types of negligence that may play a role in your personal injury claim:
- Ordinary Negligence – Cases in which the defendant breached their duty of care.
- Comparative Negligence – Texas is a comparative negligence state, meaning the injured party may only be owed partial coverage if their negligence contributed to the accident.
- Contributory Negligence – In some states, any negligence on the part of the injured party disqualifies them from making a personal injury claim. Texas is not one of those states.
- Gross Negligence – Severe, reckless negligence that disregards the well-being of others. This is also known as criminal negligence.
- Vicarious Negligence – One party can be found vicariously negligent for the actions of someone else, such as a parent for a child or an employer for an employee.
How Do You Prove Negligence in Personal Injury Claims?
For many personal injury lawsuits, proving that someone acted negligently is the key to getting financial relief. To prove negligence in court, your attorney will need to prove each part of the following argument:
- The defendant owed you a legal duty of care.
- The defendant breached their duty of care.
- The defendant’s breach was the proximate cause of your accident.
- You suffered real damages or harm due to the accident.
Making a negligence claim isn’t easy, but an injury attorney can help you get the evidence you need and make an effective legal strategy to seek justice for the defendant’s conduct.
What to Do If You’re the Victim of Negligence
If you’ve suffered a physical injury or other type of harm, such as lost wages, due to another person’s negligence, there are steps that you should take right away to seek compensation for the negligent act.
- Seek immediate medical attention.
- Report the injury to authorities or your employer.
- Contact an attorney for help.
- Ask for help with the following steps if you are unable to complete them.
- Gather evidence from the scene regarding all relevant factors.
- Get witness contact information.
Ramos James Law: An Austin Personal Injury Lawyer You Can Count On
Negligence is a complicated topic, and if a plaintiff’s injury was caused by a negligent act, then they should seek assistance from an experienced Austin injury lawyer to begin the process of getting financial relief.
If you’ve been injured due to a defendant’s actions or negligence, you have options for getting the compensation you’re owed. Reach out to the personal injury lawyer at Ramos James Law, PLLC, today to start on the path toward justice and compensation.