If you have spent much time reading personal injury blogs or if you have been involved in a personal injury case in some way, you have probably heard the word “negligence” used heavily. The idea of negligence is one of the cornerstones personal injury lawsuits, and a case simply cannot be won unless negligence is proven.
In general, negligence is defined as an individual’s failure to perform a specific action with proper care. When applied to law, personal injury cases break down negligence into four parts: duty, breach, causation, and damages. More specifically, this means that the defendant must first be proven to have some responsibility, or duty, to the other party and their safety or well-being. Next, evidence must be provided that shows the defendant breached that duty with their negligent actions. Then, it must be clear that their negligence was the direct cause of the injuries or property damage experienced. Lastly, the case presented must prove that the injuries or property damage caused notable suffering, or damages.
Why is Negligence Important to Personal Injury Cases?
The concept of negligence is crucial to every personal injury case. This can look different depending on the circumstances of the case. In a car accident, if one driver was speeding and their actions caused an accident resulting in injuries, they acted negligently and may be found responsible for compensating the injured party. In a slip and fall case, if the property owner failed to create a safe environment, they may be found negligent and be held responsible for compensating an individual injured while on their property.
If you were injured in an accident, you have may have grounds for filing a personal injury claim. For more information, check our contact page or call 404-285-4205 to speak with an experienced personal lawyer at Howe & Associates Personal Injury Attorneys who can help you gather the evidence needed to prove negligence in your case.