Understanding Negligence in a Personal Injury Claim Lawsuit

Filing a lawsuit is not easy. If you’ve been injured in an accident, then you’re likely overwhelmed with the legal system and unsure about what your next steps should be. You don’t want to rush into filing a personal injury lawsuit without knowing whether you have a case or not.

Even after determining that you do have a case, you will still be faced with your next big challenge — understanding exactly how negligence works in personal injury claims.

No matter your odds of winning a lawsuit, if you aren’t confident in your knowledge about how negligence works, then your chances of success will remain uncertain, at best.

Knowing whether your personal injuries are liable for compensation is essential before you can even start talking numbers with an insurance adjuster.

How to prove negligence in a personal injury claim?

The victim’s counsel seeks to prove negligence on the defendant’s part by either proving breach of duty or lack of communication about the dangers involved.

Negligence in personal injury cases means that the defendant behaved recklessly and failed to uphold duty, causing unnecessary, avoidable risks and dangers to others’ safety. The plaintiff tries to convince the judge or jury of the defendant’s negligence, which then leads to the award of compensation payment to the plaintiff, charged to the defendant, as money for covering damages or treatments.

Here are some personal injuries that most commonly occur due to negligence:

Corporate responsibility and the use of hazardous material

In construction and renovation work, workers are often unaware of asbestos exposure lurking in old buildings, which can lead to the development of mesothelioma cancer after repeated exposure.

Unfortunately, if you or any one in your family has been diagnosed with mesothelioma due to asbestos exposure then you need to learn more about legal options, so that you can get compensated for your troubles.

Not only is the use of hazardous material toxic for the environment but it’s a liability on part of the employer as they have a ‘duty of care’ responsibility, which stipulates that they cannot—under any circumstances—endanger health and safety of the employees working on site. It’s important that the employers make the safety risks involved explicit in their contracts.

Also, it falls under corporate responsibility that the employers make the effort of clearing the work site of any and every possible toxic material and safety hazard, so that the workers are not exposed to hidden dangers unawares.

Personal injury as a result of an accident

If you were in a car accident because another driver ran the red light, you could allege negligence. Texting while driving is also grounds for a negligence lawsuit in an accident.

To prove the defendant’s negligence in a court of law, you must establish four circumstances: the nature of the duty of care, breach of that duty, cause of injury, and damage.

A plaintiff needs evidence to clearly establish blame: personal account of what happened, eyewitness accounts, damages incurred to the vehicle, and so on.

However, if the fault lies with the plaintiff, for instance, for overspeeding when hit by the other car, then the compensatory amount will be reduced in accordance to their responsibility in causing the accident.

Medical malpractice

Medical malpractice claims can take two forms:

  • An error in treatment, which is when a doctor commits an error in diagnosing, treating, or operating on a patient. They may have provided substandard care or failed to provide the standard of care required by law and/or by medical standards.
  • There was an error in judgment, which is when a doctor fails to act because they neglected to make a proper decision or provide treatment when it was needed.

Defective product case

If you’re considering a lawsuit for an injury caused using a defective product, it may seem like a straightforward case; the product was defective and you got injured using it. Right?

But there’s more to it than that. The law of negligence requires that you prove the following:

  • The manufacturer (or seller or distributor) had a duty to make (or sell or distribute) its product reasonably safely.
  • The defendant breached that duty by not making (or selling or distributing) the product in a reasonably safe manner.
  • The plaintiff sustained injury because of the breach in duty.
  • The plaintiff suffered damages as a result.

Conclusion

The personal injuries sustained due to other people’s negligence are compensable by carrying out a legal lawsuit against the offender. Personal injuries sustained could result from accidents, medical malpractice, or manufacture and use of defective products. Negligence could be intentional or unintentional, and even errors committed in good faith can lead to successful compensation claims. When determining negligence and compensation for damages incurred, your attorney must consider the facts of your case and craft a legal strategy accordingly.