Negligence: FAQ

Negligence is a common term people use to mean carelessness. Legally, negligence has a particular meaning. If you are injured in an accident caused by someone’s negligence, you may be able to recover damages for your injuries. This requires showing that the other person was negligent in causing your injuries.

Below are some answers to frequently asked questions about negligence. If you have further questions about negligence, talk to a personal injury lawyer. A local negligence lawyer will provide legal advice about your rights and options.

What Is Negligence?

In its most simple definition, negligence means that someone failed to act like a reasonable person would act in the same circumstances. If this caused an accident, the injury victim may be able to file a personal injury claim. Negligence serves as the basis for a personal injury lawsuit.

Negligence is any conduct that falls below the standards of behavior. Negligent actions are compared to what a reasonable person would do in similar circumstances. In some cases, violation of laws or statutes can establish negligence.

How Do You Prove Negligence in a Lawsuit?

In a civil lawsuit, you have the burden of proof to show that the other person is liable. To establish a negligence case, you have to prove the following elements:

• The defendant owed you a duty of reasonable care;
• The defendant breached that duty by failing to act reasonably;
• The defendant’s negligent conduct caused the injury; and
• You suffered harm as a result of the injury.

To understand negligence claims, it can help to look at an example of these types of accidents.

A driver owes other drivers on the road a legal duty of care to follow traffic laws. The driver comes to a stop sign and doesn’t stop, crashing into another vehicle. Failing to stop is a breach of duty of care. The car crash caused the other driver to suffer a broken leg (causation). The driver required medical care after the accident because they suffered harm.

In this example, the negligent driver is responsible for the plaintiff’s injuries. The negligent driver has to pay for their losses and damages.

What Is Comparative Negligence?

Comparative negligence means that the plaintiff was partially to blame for the accident. If two or more people’s negligent acts were the cause of an accident, the court will determine how much each was at fault. The judge or jury assigns a percentage or degree of fault for causing the injured person’s damages. If you shared fault in causing the accident, your level of fault could reduce your damages.

For example, a jury finds you are 20% responsible for the car accident, and the defendant is 80% liable. If you suffered $100,000 in damages, you could only recover $80,000 from the defendant.

Different states have different rules for comparative negligence. Some states reduce the percentage of damages you can recover for any level of fault. Other states won’t allow you to recover any damages if you are 50% or 51% or more at fault. For the comparative negligence laws in your state, talk to a local personal injury law attorney.

What Is Contributory Negligence?

Contributory negligence means that the injured person also contributed to the accident. In some states, this means you can’t recover anything for your injuries. Only a few states use contributory negligence. This is because it can have very harsh results. If another driver was 99% responsible for the accident and you were 1% responsible, this would mean you get nothing for your injuries.

What Is Per Se Negligence?

Negligence per se means that the defendant is liable because they broke the law related to the accident. For example, traffic laws require drivers to stop at a red light. The purpose of the red-light traffic law is to prevent accidents. If a driver runs a red light and causes an accident, they may be negligent per se.

Who Is Responsible for Accidents Caused by Negligence?

The person who was negligent in causing the accident is responsible for damages. However, other parties may also be responsible. For example, if someone negligently causes an accident while on the job, the employer may also be responsible. This is vicarious liability. An employer is liable for the negligence of an employee acting in the course of employment.

What Is Professional Negligence?

If a doctor, lawyer, or other professional breaches the duty of care to their patients or clients, they may be professionally negligent. Medical malpractice is an example of professional negligence. A doctor owes their patients a duty of care. Failing to follow the medical standard of care breaches the doctor’s duties. If that caused the patient’s injuries, the doctor could be liable for damages.

Can You File a Lawsuit for Injuries Caused by Negligence?

If you were injured because of someone’s negligence, you may be able to file a personal injury claim for damages. Damages include any losses caused by the accident, including:

• Medical expenses
• Lost wages
• Continuing medical care
• Your pain and suffering
• Pain and suffering of loved ones
• Property damage

This negligence FAQ provides a general overview. Personal injury and tort laws can vary by state. A local negligence attorney can explain your legal rights and how to recover compensation after an injury accident.