A reasonable person should always act with a certain level of care. As a society, we owe this care to one another, in the way we drive our vehicles to the way we operate businesses.
Negligence refers to the failure to exercise the level of care that a reasonable person would under similar circumstances. Negligence is a legal term used in personal injury cases to help determine who’s at fault and therefore liable and legally responsible for paying the other party’s damages.
Contact WHG through our online contact form or at (800) 320-HELP to speak with an experienced personal injury lawyer about filing a negligence-related claim.
Definition and Key Takeaways
The dictionary definition of negligence is as follows: failure to use reasonable care, resulting in damage or injury to another. However, it’s not just about making a mistake, it’s about failing to act as a reasonable person might under similar circumstances.
The concept of negligence is widely used in personal injury lawsuits, as they hinge on proving that the defendant’s negligence caused the plaintiff’s harm.
Key takeaways include:
- The majority of personal injury lawsuits are based on negligence.
- To prove negligence, you must be able to demonstrate that the defendant owed you a legal duty of care, that that duty was breached, and because of that breach, caused harm or injury to the plaintiff.
The Reasonable Person Test
We’ve thrown around the term “reasonable person,” but who exactly is a reasonable person, and how do they act in society? The reasonable person test is an objective standard used to determine whether or not a specific individual’s actions were reasonable given any set of circumstances. Instead of looking at a person’s intelligence or experience, we look at what this hypothetical reasonable person would have done.
This test is essential in determining negligence because it:
- Establishes a benchmark for behavior that is expected by any given person in society.
- It helps the court assess whether or not the defendant’s actions were reasonable.
- It applies universally, regardless of what the circumstances are or what the specific traits of the person being judged are.
Elements of Negligence
To win your personal injury claim, you must be able to provide evidence that proves the four key elements of negligence.
Duty of Care
Duty of care refers to the obligation people have to act with reasonable care toward one another. For example, when you get behind the wheel of a vehicle, you have a duty to operate that vehicle safely in order to avoid harming others on the road. A restaurant’s owner has a duty to keep the premises safe for visitors.
The duty of care is determined by the circumstances of the case and also the laws in place regarding the specific incident. For example, car accident law, property ownership laws, etc.
Breach of Duty of Care
You must be able to provide evidence that showcases that the defendant failed to act as a reasonable person might have in the same situation. For example, would a reasonable person have used their phone while driving their vehicle? Would a reasonable person go twenty miles over the speed limit?
This breach occurs when someone fails to meet this standard we set, the duty that we owe to each other in day-to-day life. You can prove the defendant breached the duty of care with evidence such as photos, videos, statements, medical records, and more.
Causation
Causation is usually the most straightforward aspect of negligence to prove. There’s two different types, direct causation and indirect causation. Direct causation is straightforward, showing a clear link between the breach and injury. For example, texting while driving causing a collision and injuries being a result of that collision.
Indirect causation, however, requires you to show that the breach was a substantial factor in causing the injury. Indirect causation is common in medical malpractice cases. For example, if a doctor’s inaction paves the way for complications to occur. They didn’t directly cause issues, but because of something they did, there was space for an issue to occur.
Harm and Damages
You then must be able to establish that you experienced harm as a result of the defendant’s actions. And because of that harm, you incurred damages. Those damages can include things like medical bills, lost wages, lost earning capacity, and pain and suffering. You must be able to provide evidence of these damages, such as medical bills, income statements, etc.
Proving Negligence
Proving that the defendant committed a negligent act involved demonstrating the four elements of negligence discussed above. You must be able to provide evidence showcasing each element, for example, the defendant’s breach, causation, and damages. Evidence typically includes:
During this time, the defendant may also raise defenses. For example, they may suggest that the plaintiff is also partially at fault for the damages. This is called contributory negligence. They may also claim that the plaintiff knowingly engaged in a risky activity, and therefore should share in the fault. This is called assumption of risk.
Types of Negligence
Negligence isn’t a one-size-fits-all concept. It takes several forms, and your case may fall under one of these types instead of straightforward simple negligence.
Gross Negligence
Gross negligence is the most serious and severe type of negligence. It’s characterized by a reckless disregard for consequences. Whereas regular negligence can often be a mistake or human error, those acting with gross negligence often know what they’re doing and don’t care.
Gross negligence is often punished more severely than ordinary negligence in court, and can result in punitive damages for the plaintiff. Punitive damages are awarded as a punishment for the defendant, or as a way to prevent them from taking the same action again in the future.
Contributory Negligence
Contributory negligence comes into play with the plaintiff’s own negligence contributed to the injuries they sustained. Depending on the state you’re located in, you may be barred from receiving compensation even if you’re found to be 1% at fault.
In some states, however, the compensation you receive is determined based on the percentage of negligent you were. For example, if you were found to be 40% at fault for your own injuries, you’ll only be able to recover 60% of your total damages.
No Fault States
In some states, fault doesn’t matter, and all parties can receive compensation for their damages regardless of who’s at fault. These states include Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.
In order to claim no-fault compensation, you need to have personal injury protection (PIP) insurance.
Seeking Compensation for Plaintiff’s Injury
The main reason people file a negligence claim against the at-fault party in a personal injury accident is to receive compensation for their damages. In order to receive that compensation, you must be able to prove that the party acted with negligence and is responsible for your injuries and resulting damages.
The types of damages that you can receive include both economic (of a monetary value) and non-economic (abstract). Economic damages include:
- Medical bills
- Surgery costs
- Prescriptions
- Doctors visits
- Specialist visits
- In-home care
- Hospital stays
- Ambulance rides
- Etc.
- Lost wages
- Lost earning capacity
Non-economic damages include, most frequently, pain and suffering. However, you can also receive compensation for things like emotional distress, loss of consortium, permanent disfigurement and scarring, and more.
Unlike economic damages, which are calculated based on the actual monetary amount, non-economic damages are calculated based on your quality of life, and how much it’s changed as a result of your injuries.
Contact Werner, Hoffman, Greig & Garcia to Speak with an Experienced Personal Injury Attorney
To learn more about negligence and how it affects your personal injury claim, contact Werner, Hoffman, Grieg & Garcia to schedule a free evaluation of your case. Contact us online or at (800) 320-HELP to speak with an experienced personal injury lawyer ASAP after your accident.
Frequently Asked Questions About Negligence
What is one example of negligence?
If you’re involved in a car accident, and the at-fault party was texting when the accident occurred, texting could be considered a negligent act.
What is the burden of proof for negligence?
The burden of proof for negligence is “preponderance of the evidence,” meaning that the plaintiff must show that it is more likely than not that the defendant’s actions caused the injury.
What are the three types of negligence?
The three types of negligence are ordinary negligence, gross negligence, or contributory negligence (sometimes called comparative negligence).
What is the legal definition of neglect?
The failure to provide necessary care, supervision, or protection that a reasonable person would provide in a similar situation with similar conditions, that results in harm or risk of harm to another person. Neglect often applies in cases such as medical malpractice, child injury, and nursing home abuse.
