Negligence plays an important role in personal injury cases. It establishes liability and serves as a starting point for individuals seeking compensation for their injuries. With an understanding of negligence and how it can be proven, victims can better navigate the legal process of pursuing a personal injury claim or lawsuit. Work with a Memphis personal injury lawyer for skilled representation and legal advice during your personal injury case.
What is Negligence?
Negligence is a fundamental concept in personal injury law. It occurs when a person or entity fails to exercise reasonable care in a situation, resulting in harm to another individual. This failure to act responsibly can lead to various types of personal injury cases where the victim seeks compensation for damages related to the accident.
Why is Negligence Important in My Personal Injury Case?
Negligence is important because it is the foundation for any claim of liability. In a personal injury case, individuals can only receive compensation from another person by proving that they were liable for their injuries and damages. Without establishing their negligent actions, the victim cannot receive compensation.
How is Negligence Proven?
Negligence is defined by four elements that must be established during a personal injury case. Using evidence like eyewitness testimony, medical records, expert witnesses, photos, videos, and more, the following can be established, proving negligence.
1. Duty of Care
The defendant must have owed the victim a duty of care, arising because of the relationship between the two parties. For example, drivers owe each other a duty of care to each other to safely operate their vehicle.
2. Breach of Duty
The defendant must have breached this duty in some way. A breach occurs when the defendant’s actions do not meet the standard of care expected from a reasonable person.
3. Causation
It must also be proven that the defendant’s breach of duty directly caused the injury. It must be shown that the injury would not have occurred without the defendant’s actions.
4. Damages
Finally, it must be shown that the victim suffered actual injury or damages as a result of the breach of duty. This may include physical injuries, financial loss, emotional distress, etc.
What is Comparative Negligence?
Comparative negligence is a legal theory that allows multiple parties to share liability for an accident or injury. Because Tennessee abides by comparative negligence laws, courts can assign a percentage of responsibility to each party involved based on the evidence provided. TN law allows a person to be up to 50% liable for damages and still receive compensation.
Work With a Personal Injury Lawyer
Negligence laws can be complex and overwhelming. It is important to be adequately represented during any personal injury claim or lawsuit. Contact an experienced attorney for legal advice and counsel during your case.
