When a person is injured, he or she can typically file a claim against someone on the concept of “negligence.” What is negligence and how is it used to determine compensation after a personal injury?
Two Elements of Negligence
The definition of “negligence” is failing to use reasonable care, which results in property damage or another person’s injury. In the case of personal injury, the person filing the lawsuit would have to prove that someone else had a duty of care to prevent the injury, as well as how that individual failed to provide that care. Failing to provide the duty of care is also referred to as a “breach.”
- Duty of Care – What is a duty of care? A responsibility that one individual has to steer clear of causing another individual harm. For example, when you get behind the wheel and take your car on the road, you have a duty of care to act responsibly behind the wheel so you don’t get in an accident and hurt someone. If you own a business, you have a duty of care to maintain the landscape so nobody trips and falls.
- Breach of Duty – As long as you are aware of the duty of care, it’s often easy to spot a breach of duty, or the way the individual violated the duty he or she had to care for others. For example, someone who causes a car accident after driving drunk has breached a duty of care for other drivers and pedestrians. Buddies who drank with the individual could testify of his or her drunkenness.
When Both Parties Are Negligent
In some situations, it will be determined that both parties in the situation were negligent. If that’s the case, the right to compensation could be compromised, but it depends on which state you’re in at the time of the incident. For example, in one state, as long as you hold less than 50% of the fault for the accident, you can receive the amount of compensation minus the percentage of fault you hold. In another state, you might not be able to receive any compensation, even if you hold only 1% of the fault.
Getting in Touch With a Lawyer
After you are injured in any type of accident, it’s important you speak with a personal injury lawyer in Towson, MD, like from Seigel & Rouhana, LLC, who can help in your case. Get in touch with a personal injury lawyer today so you can learn more.