To file a successful personal injury claim and secure compensation after a serious accident, you need to prove the damages you incurred were the direct result of another party’s negligence. In simplest terms, negligence is the failure to exercise reasonable care. If you are not sure how to prove the liable party was negligent, turn to Padgham Law Firm in Hot Springs, AR. A seasoned lawyer on their team can assess your case to demonstrate the defendant’s breach of duty. Here, they elaborate on the relationship between personal injury claims and negligence.
A Guide to Negligence in a Personal Injury Claim
1. It Is Both Relative & Subjective
When assessing personal injury claims, a judge or jury compares the actions of the defendant to those of a hypothetical reasonable person in the same situation. Ultimately, your case depends on the subjective opinion of others and their belief regarding what is and isn’t reasonable.
2. People Can Owe a Duty of Care to Strangers
Negligence is essentially the breach of a duty of care. You may be wondering how to prove a complete stranger owed you a duty of care, but it is much easier than most accident victims realize. For example, all motorists have a duty of care to other drivers on the road around them, as well as to pedestrians and cyclists nearby. You do not always have to know someone to owe them a duty of care—participation in certain activities can establish this relationship.
3. There Are Different Levels of Negligence
Some behavior is so egregious that it goes beyond negligence and leans toward recklessness or endangerment. In some states, accident victims can collect punitive damages in addition to the standard compensatory damages.
If you were injured because of someone else’s negligence, contact Padgham Law Firm for help filing a claim against the liable party. Their knowledgeable attorneys are compassionate with clients, but they take an aggressive approach to securing compensation from the opposing party. You can learn more about the quality legal counsel this firm provides by visiting their website. To schedule an initial consultation with a personal injury attorney, call (501) 624-3300.