Negligence is a commonly used term in personal injury law, as it is a way of determining fault. If the defendant is found negligent, then they are liable for any injuries the plaintiff sustained. In order to establish negligence, the plaintiff and their legal team must establish that the four elements of negligence are present.
The Four Elements of Negligence
The four elements of negligence are:
- Duty – The plaintiff must prove that the defendant owed them a duty of some kind. If they are driving a car, they owe a duty to other road users and pedestrians to drive in a safe and reasonable manner.
- The defendant breached the duty – The plaintiff must prove that the actions of the defendant failed that duty. In order to do so, the plaintiff must provide evidence to show how the defendant’s action or lack of action breached that duty.
- Causation – The plaintiff must prove that the breach of duty caused the accident or caused the injury or harm to the plaintiff. They must also prove that the harm caused must be a reasonably foreseeable consequence of the defendant’s actions or lack of action. The court will consider this in each individual case.
- Damages – The plaintiff must also show proof of the damages they suffered as a result of the defendant’s negligence. Damages can be things like medical bills, property damage, or even intangible damages like pain and suffering or emotional distress.
The lack of even one of these four elements of negligence will lead the court to believe that there was no negligence.
What Types of Personal Injury Claims May Involve Negligence?
Negligence can occur in a vast number of personal injury claims, like:
- Premise Liability
- Workplace accidents
- Car Accidents
- Defective Products
- Elder Abuse or Elder Neglect
- Medical Malpractice
Negligence simply means that the injury was not intentional and was a result of carelessness.
Compensation in Negligence Cases
One of the biggest questions you want answered when considering a lawsuit is how much is the potential pay out? Unfortunately, there is no easy answer as a lot of factors can increase or reduce the amount of compensation you may receive.
While it is easy to add up tangible costs the defendant’s negligence caused, there are also intangible costs to consider. On top of claiming medical bills, property damage, and lost wages, you can also claim for pain and suffering, loss of enjoyment of life, and loss of consortium, depending on the severity of your injuries. You may also claim for lost opportunities, depending on the circumstances.
In addition to intangible costs, if negligence on your part played a factor in your injuries, your compensation may be reduced. Your negligence may not have caused the accident, but if you delayed seeking medical treatment, causing worse injuries, then the court will calculate a percentage of negligence and reduce your compensation by that percentage.
Every negligence case is very different, which is why your attorney will give you a wide ballpark figure.
How Long Do Negligence Cases Take?
The time it takes for a negligence case to be resolved and for you to claim your compensation can vary significantly between cases. Some cases may resolve quickly through settlement; others may drag on for months or even years while the facts and figures are disputed.
A lawyer will help the case move more efficiently by advocating for you and creating a strong case. They will be able to advise on the financial and time implications of different decisions in the process.