Negligence lies at the heart of almost every personal injury claim (there are a few cases where negligence isn’t a factor). In a personal injury case, the plaintiff must prove someone acted with negligence. Essentially, when someone acts with negligence, their careless actions result in the other party’s injury. Let’s take a look at how negligence plays out in a personal injury case and how a Merrillville personal injury attorney from Lerner and Rowe can help your case.
How Negligence Factors Into a Personal Injury Case
Rear-end collisions, the most common type of car accident, have many causes, such as:
- Distracted driving
- Lack of a turn signal on the forward car
- Following too closely
- Speeding
- Sudden stops
Let’s use distracted driving as an example to define how negligence factors into a personal injury case. In a distracted driving scenario, the forward car signals to make a left turn, and the distracted driver misses the signal and causes the rear-end accident.
- Duty of care: The distracted driver had an obligation to focus on the road and the car in front of them.
- Breach of care: The distracted driver failed to maintain their focus.
- Causation: That breach of care caused the rear-end accident.
- Damages: The driver of the front car likely suffered injury and damages to the vehicle as a result of the collision.
In a slip and fall accident, negligence exists as well. Yet, there are different laws guiding litigation in a slip-and-fall accident. These are called premises liability. In a slip and fall accident, property owners have a duty of care to protect invitees on the property. Let’s say that a retail outlet has a spill. A manager-on-duty must react to that spill to keep a customer from slipping, tripping, or falling.
How Do You Prove Negligence In a Personal Injury Case?
In a personal injury case, the plaintiff holds the burden of proving liability. Duty of care is pretty straightforward. Breach of care requires evidence showing that the defendant breached their duty of care. An example of a distracted driving accident would be subpoenaed cell phone records.
Causation consists of two different factors—“but for” the defendant’s actions and “proximate cause.” Proximate cause connects the defendant’s negligence to the injury. In a medical malpractice example, a doctor who diagnoses acid reflux without ordering an EKG could be responsible for a misdiagnosis that was a heart attack. The heart attack is not the fault of the doctor, but could have been prevented by a correct diagnosis.
Damages can be proven with medical bills, receipts, and anything that shows a monetary loss from the accident, or economic damage. Expert witnesses can prove further non-economic damages, such as loss of enjoyment of life, pain and suffering, and emotional distress.
Are There Extremes of Negligence in Personal Injury Law?
Simple negligence is best explained as a mistake. If a doctor misdiagnoses a patient, a retail manager doesn’t see a spill, or someone has a burned-out taillight—these are all examples of simple negligence. An individual who breaches their duty of care knowingly commits a more severe form of negligence—gross negligence. Examples of gross negligence include:
- Knowingly running a red light at a busy intersection
- Concealing a medical malpractice that resulted in an injury
- Drinking and driving
Gross negligence, in some situations, could result in criminal charges. However, gross negligence has a higher standard of proof. In some cases, gross negligence can result in punitive damages. These damages are to punish the liable party and serve as a deterrent for future, similar acts. An example of gross negligence is Northern Indiana Public Service Co. v. Sharp. In this case, a company failed to mark power lines which resulted in the electrocution of a truck driver. In this case, the assertion of gross negligence hinged on the fact that a reasonable company should mark its utility lines.
Another case involving punitive damages was Mundell vs. Beverly Enterprises. In this case, a patient was injured at a nursing home due to inattention and neglect. The plaintiff asserted gross negligence. Unfortunately, the patient had passed away and punitive damages were not recoverable because of the survival statute.
How Negligence Impacts Your Personal Injury Case in Indiana
If you were injured in an accident, you might have medical expenses, lost wages, and other costs. These are your damages. You might also have cause for non-economic damages, especially if your injuries impact your enjoyment of life. Negligence is the cornerstone of a personal injury case.
In some situations, a defendant might try to mitigate a claim amount with comparative negligence. Let’s say that the plaintiff was texting while driving, but another driver ran a red light. Even though the defendant caused the accident, the plaintiff’s actions contributed to the accident. A jury might find the plaintiff 20% liable for the accident, reducing their claim by 20%.
Why Work with a Merrillville Personal Injury Lawyer from Lerner and Rowe?
A personal injury attorney at Lerner and Rowe can help a personal injury victim find justice and compensation in a claim. A personal injury attorney can:
- Help find similar case law to help the victim make their claim
- File the suit within the statute of deadlines
- Help a victim negotiate or decide to take their claim to trial.
At the end of the day, a personal injury lawyer will bring justice to a case, thus securing a fair settlement amount for a client. To make sure you get the compensation you’re rightfully entitled to, reach out to Lerner and Rowe today. You can reach us by phone at 844-977-1900, LiveChat, or our secure online form.