A personal injury case can't proceed without proof of negligence on the part of the defendant. Legally, negligence is what makes the defendant liable for your injuries. By understanding how this principle operates in personal injury law, you'll be better equipped to pursue your own personal injury case.

Negligence Facts You Should Know

1. Negligence Occurs When a Legal Obligation Is Broken

For a defendant to have acted negligently, they must first have had some legal responsibility toward you. In the case of professionals, such as doctors, there are specific legal requirements governing the care they provide. More generally, everyone is required to refrain from recklessly endangering others.

2. Negligence Is Judged by the Standard of a “Reasonable Person”

To determine whether negligence has occurred, the defendant's actions will be compared with what a “reasonable person” would do in the same situation. If the defendant is a child, the standard is what a reasonable child of the same age would do, and in the case of a doctor, a reasonable doctor is the baseline.

3. Some Cases Rely on Strict Liability Instead

In some specific cases outlined by law, a demonstration of negligence is not a requirement in a personal injury case. Instead, in these cases, the defendant is held strictly liable for the damages. Your lawyer can help you determine if yours is a strict liability case.

4. Once Negligence Is Proven, You Can Recover Damages

What damages you qualify to receive depends on your case. In most cases, you should at least be able to recover the actual costs of the injury. In some cases, you may also be awarded punitive damages.

5. Negligence Can Be Criminal

There are different degrees of negligence, some of which can give rise to criminal charges of their own, such as reckless endangerment. The more extreme the behavior, the clearer your case is likely to be.

While Negligence is not the only defining factor of a personal injury lawsuit, it is essential in most cases. For help proving negligence, contact a personal injury law office today. James T. Kratovil Law Offices, PLLC in Charles Town, WV offers representation in several practice areas, including personal injury law and criminal defense. If you need legal advice, arrange a consultation today at (304) 728-7718 or online.