After the due diligence has been established, the claimant should focus on determining how the defendant has breached or has breached the due diligence.
In a personal injury lawsuit, the plaintiff must prove that the defendant negligently won his case. But what does negligence mean in legal jargon? In a simplified way, negligence is defined as the failure to behave as a prudent person would have done in the same situation. In this blog, we examine the basics of personal injury negligence.
Elements of negligence
Duty of care
Due diligence is a legal term that means that it is the responsibility of one person not to cause harm to another.
For example, a driver is required to operate his vehicle with reasonable care at all times, including taking into account conditions such as weather, traffic and visibility. In the event of medical malpractice, a health care professional or doctor must perform treatment in accordance with established medical standards, due diligence and expert protocols. It is the duty of the manufacturer of a product to manufacture goods that do not pose any unexpected or unreasonable dangers for the customer.
Breach of duty and negligence
After the due diligence has been established, the claimant should focus on determining how the defendant has breached or has breached the due diligence. What actions by the defendant caused the personal injury? Was their behavior unreasonable?
The plaintiff bears the burden of proof that he has suffered damage as a result of the defendant’s negligence. The mere proof that the defendant did not exercise reasonable care is not sufficient for the assertion of damages. The accident or injury should actually have caused damage to the plaintiff.
Driver with smartphone behind the wheel; Image by Alexandre Boucher, via Unsplash.com.
However, it is recommended that you contact a personal injury attorney to learn more about the procedure in detail. They will also let you know what you can do to get adequate compensation.
Types of negligence
Modified Comparative Negligence
In the case of modified comparative negligence, the plaintiff can only claim damages if he is less than 50 percent responsible for the accident. If the percentage is more than 50, the entitlement lapses.
Pure comparative negligence
This form of negligence differs from modified comparative negligence. With this method, the claimants receive compensation based on their percentage of the accident involvement. So if the plaintiff should have received $ 1000 in compensation but was 20 percent culpable, he would end up receiving $ 800 instead.
This is the most severe form of the Negligence Act. If the plaintiff is responsible for even 1 percent of the fault, he will be denied any compensation. Most states have abandoned this method because it is deemed unfair.
While we’ve tried to lay out the basics of negligence, we encourage you to contact a Kansas City personal injury law firm for more information. Depending on your jurisdiction, they will offer a free initial consultation and guide you through the process of evaluating your case and evidence and helping you get the compensation you deserve.