If you’ve been injured due to someone else’s carelessness, you may have grounds to file a personal injury claim. The legal concept of negligence plays a key role in determining fault and liability in these cases. Understanding what negligence means, how it is proven, and what your rights are can empower you to make informed decisions about seeking compensation.
What is Negligence?
In legal terms, negligence refers to the failure to take reasonable care to prevent harm to others. When someone acts (or fails to act) in a way that a reasonable person would consider careless or reckless, they may be held legally responsible for the resulting injuries. For example, a driver who runs a red light or a property owner who ignores a hazardous spill could be considered negligent if their actions cause injury.
Elements of Negligence
To prove negligence in a personal injury case, the following four elements must be established:
Duty of Care
The first step in proving negligence is showing that the defendant had a duty of care. This means they had a legal responsibility to act in a way that would prevent harm to others.
For example:
- Drivers must follow traffic laws to keep others safe.
- Doctors have a duty to provide competent medical care.
- Property owners must keep their premises reasonably safe for visitors.
Breach of Duty
A breach of duty occurs when the responsible party fails to uphold their duty of care. This might involve reckless behavior, inattention, or failure to follow established safety rules.
Examples include:
- A store owner failing to clean up a spill
- A distracted driver running a red light
- A landlord ignoring broken stairs or railings
Causation
In addition to proving a breach of duty, you must also show that the defendant’s actions (or lack of action) directly caused your injuries. This is known as causation.
There are two key aspects to causation:
- Cause in Fact: The injury would not have occurred “but for” the defendant’s actions.
- Proximate Cause: The defendant’s actions were closely connected enough to the injury that they should have reasonably foreseen the harm.
Damages
Finally, to succeed in a negligence claim, you must prove that you suffered damages as a result of the defendant’s conduct.
Damages may include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
Common Examples of Negligence
Negligence can occur in various situations.
Some common examples include:
- Car Accidents: Drivers who speed, text while driving, or drive under the influence may be found negligent if they cause an accident.
- Slip and Fall Accidents: Property owners who fail to fix or warn visitors about hazards can be held responsible for injuries.
- Medical Malpractice: Doctors, nurses, or hospitals may be found negligent if they provide substandard care that results in harm.
- Workplace Injuries: Employers may be held liable if they fail to provide a safe working environment or ignore safety regulations.
How is Negligence Proven in Court?
To successfully prove negligence in a personal injury lawsuit, you (the plaintiff) must provide strong evidence that supports each of the four elements.
This evidence may include:
- Police or accident reports
- Witness statements
- Photos or videos of the accident scene
- Medical records and expert testimony
- Documentation of financial losses (e.g., medical bills, lost wages)
A skilled personal injury attorney can gather this evidence, build your case, and present it effectively in court.
Comparative Negligence in Pennsylvania
Pennsylvania follows a modified comparative negligence rule. Under this system, if you are less than 51% responsible for the accident, you can still recover damages, but your compensation will be reduced based on your percentage of fault. If you are found 51% or more responsible, you may be barred from recovering any damages. For example, if you were found 20% at fault in a car accident and suffered $10,000 in damages, your compensation would be reduced by 20%, leaving you with $8,000.
Why Hiring a Personal Injury Lawyer Matters
Proving negligence can be challenging, especially if the other party disputes your claim.
An experienced personal injury lawyer can:
- Investigate the circumstances of your accident
- Gather evidence to build a strong case
- Negotiate with insurance companies on your behalf
- Represent you in court if necessary
Fellerman & Ciarimboli, Law PC has extensive experience helping injury victims in Scranton, PA, and surrounding areas secure the compensation they deserve.
Our Pennsylvania Personal Injury Lawyers Can Help You Prove Your Negligence Case
If you or a loved one has been injured due to someone else’s negligence, you don’t have to navigate the legal system alone. The experienced personal injury attorneys at Fellerman & Ciarimboli, Law PC are here to help. We understand the complexities of negligence cases and will fight to protect your rights.
Contact us today at (570) 714-4878 to schedule a free consultation and discuss your options. We are committed to seeking justice for you and your family.
