Establishing negligence in a personal injury lawsuit has several steps. They can be hard to interpret if you aren’t well-versed in your state’s legal system.

But wherever you are, the first step is to define: what is negligence in a personal injury lawsuit?

We’re going to help you understand this issue in this article. If you have been injured as the result of someone else’s negligence, Selingo Guagliardo wants to help. You can call us to consult about your case.

Defining Negligence in Personal Injury Lawsuits 

If you’ve sustained an injury because of someone else’s actions, you can apply for compensation due to negligence. But what, legally speaking, is negligence in a personal injury lawsuit?

Negligence is a legal term that refers to any damage you suffer because of someone else’s carelessness. More specifically, negligence is a type of tort law or law that deals with personal injury compensation.

Crucially, negligence isn’t deliberate. In a negligence and personal injury case, you argue that your injury resulted from insufficient caution shown by the other party.

Proving Negligence in a Personal Injury Lawsuit 

To prove negligence, there are five things you must establish to satisfy the judge and lawyer. These are:

• There existed a duty by the defendant to demonstrate reasonable care

• The defendant failed the plaintiff in a duty of care

• The defendant’s negligence caused personal injury to the plaintiff 

• Proof of physical harm or damage as a result of negligence 

• Evidence that bodily harm was done within the scope of liability and reasonable care

In some states, it may be sufficient for you to establish that failure in duty of care led to negligence and personal injury.

Demonstrating Reasonable Care 

To show negligence in a personal injury lawsuit, the first step is proving that the defendant had a duty of care towards you. A duty of care requires the person charged with that care to exert a consistent and reasonable standard over:

• Medical patients 

• Work employees 

• Children under supervision 

Failure in a Duty of Care 

Once you’ve established that the defendant needed to meet a duty of care, the next part of your lawsuit is to prove they failed to uphold this duty. 

To do this, you need to prove that your injury was not only preventable but foreseeable. In medical malpractice cases, this means your doctor should have anticipated the injury and worked to prevent it. 

Negligence Led to Personal Injury 

The next step in arguing negligence in your personal injury care is to prove that failure of care led directly to your injury. This step is critical because there are legal instances where a court may try to claim that you are partly at fault. 

For instance, you are skating during a designated figure skating hour where hockey isn't allowed. However, you are hit by a hockey puck. You slip and fall on the ice, breaking your wrist and sustaining a concussion. 

The supervisor should have been alert to the hockey players. But if you aren’t wearing a helmet when you fall, there’s a chance you'll be perceived as partially negligent yourself. 

To fight this means it is necessary to establish that negligence by another party caused your injury and not your failure to wear a helmet.

Proof of Physical Harm 

Another integral part of arguing negligence in personal injury lawsuits is showing proof of harm. This harm is usually physical and may require you to demonstrate:

• Injury, such as broken wrist

• Medical records 

• Medical expertise linking negligence to your injury 

To establish your injury was not the result of a pre-existing cause, you may need to submit an extensive medical history predating the accident.

Scope of Liability in Personal Injury Lawsuits

Finally, to argue negligence in a personal injury lawsuit, you need to prove the failure is within the scope of liability. This scope evaluates what the defendant can be held legally responsible for in the case. If they are too far removed from the cause of your injury, the negligence may be ascribed to someone else. 

Scope of liability can also affect the damages a defendant pays if the court thinks the connection to your personal injury is too tenuous.

Selingo Guagliardo Can Help You Recover and Go Forward

If you’re looking for a medical malpractice lawyer in Kingston, PA, we can help. 

Negligence in a personal injury case can be challenging to navigate. Our lawyers are experts in medical law and malpractice. They’ll work with you to build a case for negligence in personal injury that satisfies all the legal requirements. 

Personal injury as a result of negligence can be upsetting and confusing. But we’re here to help. Get in touch and let us talk you through how to claim negligence in a personal injury lawsuit.