What Is Negligence In A Personal Injury Case?

If you’ve suffered an injury in an accident and believe you should receive monetary compensation for the damages you’ve incurred, like loss of work and pain and suffering, you must be able to prove negligence. You need to be able to show that the other party was negligent in some way that caused the accident that wouldn’t otherwise have occurred, and that your own actions weren’t responsible. The defendant in your case and their insurance company will do their best to prove the opposite, that your inattention or recklessness was the cause, and that they owe you nothing. In a personal injury case, proving negligence on the part of the defendant is the first thing an experienced attorney will do.

How Is Negligence Defined Legally?

Negligence is a legal concept that is framed by the term ‘duty of care’. This term is defined as the responsibility any person or entity has to take steps to avoid causing harm to another person. Your personal injury attorney will gather evidence to show that the defendant had a ‘duty of care’ in the location and situation where your accident occurred and that they were in ‘breach’ of that duty in some way. In other words, they either did or didn’t do something that led to the accident happening, that they didn’t take a reasonable amount of care in the situation. For example, they may have left slippery liquids or obstacles in a hallway or stairway, distributed a defective product they should have detected, driven a vehicle in a reckless manner, or provided a medical treatment carelessly. Your attorney will use all the evidence available, including your own testimony and that of any witnesses, as well as direct evidence such as video and photographic documentation, to prove that the accident was preventable and happened because the defendant was negligent, and is therefore liable for damages. In many cases, the court may award a percentage of liability to each party, meaning they were both negligent to a certain degree. The defendant may be found to be 80% negligent, while you were only 20% at fault. Compensation amounts will be determined on the amount of negligence. An experienced personal injury attorney will often be able to prove 100% negligence on the part of the defendant.

Proving Injury And Damages

Once your attorney has proven negligence on the part of the defendant, they will then prove the extent of your injuries, often with a doctor’s testimony and other medical documentation, and then show the extent of your damages because of the injury, including any unpaid time off of work, pain and suffering, any permanent disability, etc. A personal injury attorney can ensure that you get all the compensation legally allowed.

Contact A Personal Injury Attorney

If you’ve been injured in an accident in Greenville, SC, Ryan Montgomery will help you get the compensation you deserve. Contact us anytime for a free consultation.

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