Tort Law and Negligence
Personal injury cases are typically filed when a group or individual is injured by another person's wrongdoing. These “wrongs” are referred to as torts, and the area of law that deals with torts and their consequences is called tort law.
Negligence falls under the category of tort law. A person is considered negligent if he or she acts differently than a "reasonably prudent" person would act in any particular situation.
Negligence is a common claim in personal injury lawsuits, especially with injuries that are caused by car accidents. Negligence laws do vary by jurisdiction, so it might be helpful to talk with an injury attorney in your area to be sure which laws might apply directly to you.
What Happens during a Negligence Case?
In a negligence suit, the plaintiff – or injured person – must prove that the defendant – or person believed to have caused the injury – was, in fact, negligent in his actions, and did not behave the way a reasonable person would have behaved under the same circumstances. The court will instruct the jury as to the standard of conduct required of the defendant.
There are a number of ways to go about proving that the defendant acted negligently – including questioning expert witnesses, demonstrating that the defendant infringed on a law that was established specifically to prevent the type of injury that occurred, or providing circumstantial evidence.
In a negligence case, there are four things that the plaintiff must prove:
1. That the defendant was responsible for a duty to the injured (or for a duty to general society, which includes the injured)
2. That the defendant failed to properly execute said duty
3. That as a result of the failed execution of that duty, the plaintiff suffered injury
4. That the injury could have been reasonably predicted prior to the defendant's action or lack thereof.
Do Negligence Laws Apply to Children?
In many jurisdictions, children are usually not held to the same negligence standards as adults. A child's negligence may be measured against the standard for a “reasonably prudent” person of the same age and experience in certain circumstances. Minors under age seven are usually considered to be incapable of negligence.
There are situations in certain jurisdictions where parents might be held liable for the negligent acts of their children. To find out about the laws in your area, it might be helpful to talk with a local personal injury attorney who can help with your questions.
What If My Injury Is Partially My Fault?
This is typically referred to as comparative negligence or contributory negligence, depending on the standard your state uses. Under contributory negligence, if the plaintiff was injured partially due to his or her own negligence, that plaintiff would not be able to recover in court against a defendant.
Under a comparative negligence standard, if the plaintiff played a role in his own injury, the damages he is awarded may be reduced according to the proportion of the injury a jury finds to be the plaintiff’s own fault. For example, if it is determined that a plaintiff be awarded $100,000, but the plaintiff is 40% at fault, then only $60,000 would be awarded against the defendant. Most states have adopted a comparative negligence standard.
To find out if your state uses a comparative or contributory negligence standard, consult with injury lawyers in your area.
If you have been wrongfully injured because of someone else’s negligent actions, we can help you connect with a personal injury attorney in your area. Simply fill out our free case evaluation form or call us at (877) 288-7564 and we’ll get to work connecting you with a local personal injury attorney right away.
Sometimes personal injuries can cost so much money, you cannot handle the financial burden in addition to your regular living costs, and you may be forced to turn to other options.
If you are struggling with personal injury debt and can’t keep yourself afloat, you might want to consider talking with a local bankruptcy attorney to discuss all your potential options.
The above summary of negligence is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on negligence, speak to a local personal injury lawyer in your state.