How Negligence is Determined in Personal Injury Claims

Negligence is a legal concept that refers to the failure to act as a reasonable person would have acted in a given situation. In the context of personal injury law, negligence can be used to hold someone liable for the injuries that they caused another person.

Determining Factors

To determine whether someone was negligent, the court will look at four factors:

• Duty of care: The defendant owed the plaintiff a duty of care. This means that the defendant had a legal obligation to act reasonably to protect the plaintiff from harm.
• Breach of duty: The defendant breached their duty of care. This means that the defendant failed to act as a reasonable person would have acted in the same situation.
• Causation: The defendant’s breach of duty caused the plaintiff’s injuries. This means that the plaintiff’s injuries would not have occurred but for the defendant’s negligence.
• Damages: The plaintiff suffered damages as a result of their injuries. This means that the plaintiff incurred some type of financial loss, such as medical bills, lost wages, or pain and suffering.

If the court finds that all four of these factors are met, then the defendant will be found liable for the plaintiff’s injuries.

Examples of Negligence

Some common examples of negligence that can lead to personal injury claims include:

• Driving while distracted: This includes texting, talking on the phone, or eating while driving.
• Failing to yield the right of way: This can happen at intersections, when merging onto a highway, or when turning left.
• Unsafely operating heavy machinery: This includes operating a forklift, bulldozer, or other piece of equipment without proper training or safety precautions.
• Failing to maintain a safe premises: This includes failing to repair dangerous defects in the property, such as broken stairs or uneven walkways.
• Providing inadequate medical care: This includes failing to diagnose an illness or injury, providing incorrect treatment, or failing to monitor a patient’s condition.

What to Do If You Have Been Injured as a Result of Negligence

If you have been injured by negligence, it is important to seek legal advice as soon as possible. An experienced personal injury attorney can help you determine whether you have a case and can represent you in court if you decide to sue.

Contact Kanthaka Group Today

The attorneys at Kanthaka Group have extensive experience handling personal injury claims. We can help you determine whether you have a case and can represent you in court if you decide to sue. Contact us today to schedule a consultation.