What is Negligence in a Personal Injury Case?

Posted By Boohoff Law, P.A. || 23-Jan-2014

When the term negligence in used in a personal injury case, it is referring to a failure of a duty to exercise reasonable care. Oftentimes, when taking negligence into account, there is a standard of care that a reasonable person would exercise, and that standard is used to determine if there is negligence present in a case. There are generally four points that need to be proven when showing that another person acted negligently, these include:

  1. There was a duty of care: the defendant in question had a duty to the injured plaintiff to take reasonable care in preventing injury.
  2. The duty of care was breached: the defendant in question breached the duty of care by failing to take reasonable care in preventing injury.
  3. There is a causal link: the breach of duty by the defendant was the cause of the harm to the injured victim.
  4. The victim suffered harm: the plaintiff must have suffered some sort of physical or economic damage as a result of the breach of duty.

If you or your injury attorney are able to prove these four elements, you will most likely receive a favorable ruling and recover compensation for the damages suffered. After negligence is shown, the defendant is responsible for compensating your injury-related costs such as: medical costs, lost income, treatments, etc. If you are unable to prove these four elements; however, you may experience difficulty getting the compensation that you need following an injury. Do not let that happen, team up with an experienced personal injury lawyer who can make sure the negligent party is held responsible. Contact Boohoff Law, P.A. for the knowledge and experience that you need by your side. Schedule your free case evaluation today to get started in recovering damages for your injury case.

Categories: Personal Injury