Personal injury cases typically arise when people suffer injuries because of others. If they end up in court, they become civil cases, as opposed to criminal cases, allowing injured parties (plaintiffs) to seek monetary compensation from the opposing parties (defendants). However, in order to receive compensation, you typically need to demonstrate that negligence on the part of the defendant resulted in your injuries.
This page answers questions like, “What is negligence in personal injury?” “What is the burden of proof in a negligence case?” and “What are the four elements of negligence?” while also highlighting some negligence lawsuit examples. Keep in mind, though, that if you wish to seek compensation for your injuries, getting advice from a personal injury lawyer is the best way forward.
What Is Negligence in Law?
From the legal viewpoint, negligence takes place when someone fails to exercise the level of care that a reasonable individual would in the same situation. This can be in the form of action or inaction that leads to an injury. Negligence plays a crucial role in personal injury cases, given that it serves as the basis for holding a defendant accountable. The defendant can be an individual, a business, a government body, or any other entity.
What Is the Burden of Proof in a Negligence Case?
When it comes to personal injury cases filed in the civil court, the burden of proof comes in the form of “preponderance of the evidence.” This requires demonstrating that a defendant’s actions were, more likely than not, the reason you sustained injuries. This is unlike the burden of proof in criminal cases, where the evidence should establish a defendant’s guilt “beyond a reasonable doubt.”
Keep in mind that it is your responsibility to support your claim with evidence that might come in the form of photos, CCTV footage, a police report, and treatment-related documents.
Four Elements of Negligence
The burden of proof in personal injury cases rests with the plaintiff, which is why it’s best that you partner with an experienced lawyer/attorney to prove the four elements of negligence.
- Duty of care. This requires establishing a defendant’s duty of care toward you. For example, it is a car driver’s duty of care to follow traffic rules. Similarly, it is a business owner’s duty of care to maintain a safe environment for customers and employees.
- Breach. This element requires demonstrating that a defendant breached the duty of care, and this is typically the most important aspect of personal injury cases.
- Causation. Causation in negligence refers to proving that a defendant’s breach in the duty of care resulted in your injuries, which would not have occurred otherwise.
- Damages. This last element involves establishing damages resulting from the injuries, which could be medical expenses, lost wages, property damage, and more. The damages have to be a direct result of your injuries.
The toughest elements to prove include breach and causation because establishing that there’s a direct link between a defendant’s actions/inaction and your injuries can be a challenge. Not surprisingly, a defendant’s lawyer/insurance company will also focus on these aspects.
Lawyers and attorneys who handle personal injury cases know what it takes to obtain evidence that satisfies all four elements, after which they begin negotiations with the opposing party. Often, it’s possible to arrive at a settlement without taking a personal injury case to court. However, if you fail to arrive at a settlement, you have the option of filing a personal injury lawsuit.
Negligence Lawsuit Examples
If you look at some of the most famous negligence cases that ended up in court, like the Liebeck vs. McDonald’s Restaurants case, the Escola vs. The Coca-Cola Company case, or the Grimshaw vs. Ford Motor Company case, you’ll notice that they come from across the board. Some of the most common negligence lawsuit examples involve:
- Automobile accidents
- Bicycle accidents
- Boat accidents
- Swimming pool accidents
- Medical malpractice
- Dog bites
- Slips and falls
- Premises liability
The Importance of Evidence
Presenting strong evidence plays a crucial role in the outcome of any personal injury lawsuit that hinges on negligence. This is why lawyers gather compelling evidence to show that their plaintiffs’ injuries are a direct result of someone’s failure to exercise reasonable care. Evidence can come in the form of:
- Eyewitness statements
- Police reports
- Medical records
- Photographs and/or videos
- CCTV footage
- Expert opinion
- Physical evidence
- Financial records
- Employment records
If you cannot provide adequate evidence to substantiate your claim, either during the settlement process or in court, holding the opposing party accountable for your damages might not be easy.
The Effect of Negligence on Compensation
It is common for people involved in personal injury cases to ask, “How much is a negligence lawsuit worth?” Unfortunately, there is no simple answer to this question because it depends on multiple factors. For example, the level of negligence has a direct bearing on the impact of a case. Besides, New York follows the comparative negligence principle. As a result, if both parties are at fault, the compensation you stand to receive might decrease based on the percentage of fault assigned to you.
An example of comparative negligence is an accident between two cars where both drivers are partially at fault; with one of them speeding and the other failing to use a turn signal. Comparative negligence can also enter the picture if there are two or more defendants.
Common Defenses
Given that proving negligence in personal injury cases can be challenging, you may expect defendants’ lawyers to use various defenses with the aim of disputing or reducing their liability. Contributory negligence is among the most common defenses used in such cases, where defendants’ lawyers try to prove that plaintiffs suffered injuries because of their own actions/inaction.
Some of the other common defenses you may encounter include:
- Assumption of risk
- Preexisting conditions
- Failure to mitigate
- No duty owed
- Insufficient evidence
- Statute of limitations
Conclusion
Now that you know what the standard of proof for negligence is and what is required to prove negligence, the next step is to determine if you wish to seek compensation for your damages. If you’re unsure about which way to proceed or feel you can benefit from getting professional legal advice, consider discussing your case with a personal injury lawyer as soon as possible.