Negligence occurs in a Personal Injury case when a person has acted in a way that has caused an injury to another party. The injury will be something that could have been prevented had the negligent party actively worked towards doing something to keep an injury from occurring. A person who is negligent will be forced to compensate an injured party for damages that relate to the injury suffered as a result of the negligence (if the courts can prove that this negligence led to the injury).
The main part of negligence pertaining to a personal injury claim is that a person who is negligent must have had a legal duty to protect the person who suffered an injury and to keep them from harm. A failure to abide by this duty can be a legal means for creating negligence in a case.
The duty of care that a party has can vary from situation to situation. The duty will involve actively working to help make an area safe for a person to be in. It will also involve warning a person of the potential injury risks that can occur in a particular area. This is used as a means of helping to ensure that all people in a situation will be safe and will not be harmed in some way.
If a person’s negligence is proven to be the cause of the plaintiff’s injury, the plaintiff may be eligible to receive compensation for all injuries caused as a result of this negligence. These include damages relating to medical bills, lost wages and physical and emotional suffering. The guilty party will pay the victim as a means of making up for failure to prevent an injury from occurring.
A vital part of any court case will be to prove that negligence was the cause of a personal injury. The injured party must prove that there was no warning about the potential of an injury. The injured party must also prove that the liable party should have done something to correct a problem that caused the injury.
For more on Personal Injury Law, please visit our Personal Injury Article section