Arguably one of the most important legal principles in a personal injury case is negligence. When an individual is proven negligent for an accident and injury, the victim is able to receive compensation to cover costs associated with the situation. They can pursue damages for medical expenses, loss of income, disability, pain and suffering, and more. If you were involved in an accident work with a York County, PA personal injury attorney for skilled representation during your case.
What is Negligence?
Negligence is a legal principle defined by a person failing to act with the care that a reasonable person would during any given situation. If someone’s actions or lack of action led to an injury they may be negligent.
Negligence is established by proving four things.
- That the defendant owed the plaintiff a duty of care
- That the defendant breached the duty of care
- That the breach of duty directly caused the plaintiff to sustain damages or injuries
- That the plaintiff has damages or injuries that can be compensated
A duty of care means that an individual owes another person a legal responsibility to behave in a safe and responsible manner to avoid injury or damage. The duty is based on the relationship they have with one another. For example, doctors owe their patients a duty of care and so do drivers to other people using the road. By violating this duty they make themselves vulnerable to a personal injury lawsuit. Once all of the above are established and proven in a case, the plaintiff can be awarded compensation.
What Role Does Negligence Play in a Personal Injury Case?
Negligence is one of the most important factors in any personal injury case. Whether it is an auto accident, animal attack, medical malpractice, or premise liability case, negligence is the foundation of the case. Proving negligence is crucial in establishing liability for the damages or injuries sustained during the accident. If the plaintiff cannot prove negligence they will not be awarded damages.
What is Comparative Negligence?
Comparative negligence is a legal concept that many states enforce, including Pennsylvania. During a personal injury case, the court will examine the provided evidence to determine what percentage of the blame each party involved is responsible for.
Under PA law, individuals can recover compensation for their injuries and damages given that they are found less than 51% at fault for the accident. The higher the percentage you are found negligent, the less amount of compensation you will be awarded. In all forms, negligence has a significant impact on the outcome of a personal injury case.
Contact a Personal Injury Lawyer Today
Statistics show that in personal injury cases, plaintiffs who obtain legal representation are more likely to win their case and are awarded higher amounts of compensation than those who forgo counsel. It is important to equip yourself with a skilled attorney during your case. Reach out to a personal injury lawyer today for more information.
