Negligence in a Personal Injury Case

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1. Unraveling Negligence: How It Works In A Personal Injury Cases
2. Difficulties Proving Negligence in a Personal Injury Case
3. Examples of Negligence in Personal Injury Cases
4. Get Help Determining Negligence When Your Hire a Personal Injury Lawyer

REVIEWED BY

C. William Kenny

February 02, 2024

Board certified by National Board of Trial Advocacy

In personal injury cases, negligence is a big deal. It’s about figuring out who’s responsible when someone gets hurt. But what exactly is negligence, and how do Pittsburgh personal injury lawyers decide if negligence played a role in your case?

An injury attorney can help determine if someone’s actions were negligent or careless, and if these actions led to your injury and losses. The other party will often fight back and try to blame you for some, if not all, of the accident. Understanding the elements of negligence and trying to assign blame and liability is difficult to do alone, but a law firm can provide much-needed guidance, knowledge, and experience during this difficult time.

Unraveling Negligence: How It Works In A Personal Injury Cases

Negligence, in its essence, is the failure to exercise reasonable care under the circumstances, resulting in harm to another party. It’s not merely about intentional wrongdoing but encompasses a spectrum of actions, from carelessness to recklessness. To prove negligence in a personal injury case, four elements must typically be established: duty, breach, causation, and damages.

Legal Duty of Care

Firstly, duty refers to the legal obligation one party owes to another to exercise reasonable care. This duty is often implicit in various situations. For instance, drivers have a duty to operate their vehicles safely, doctors have a duty to provide competent medical care, and property owners have a duty to maintain safe premises. The extent of the duty of care can vary depending on the circumstances, such as the relationship between the parties.

Failure to Uphold a Duty of Care

Once duty is established, the next step is to demonstrate a breach of that duty. This occurs when the party fails to uphold the standard of care expected in a given situation. It’s crucial to assess whether the actions—or inactions—of the party deviated from what a reasonable person would have done under similar circumstances. This evaluation often involves examining relevant laws, regulations, industry standards, and expert testimony.

Causation and Your Accident

Causation serves as the link between the breach of duty and the resulting harm. It requires showing that the negligent actions directly caused or substantially contributed to the plaintiff’s injuries. This can be straightforward in some cases, such as rear-end car accidents where the chain of events is clear. 

However, causation can become more contentious in complex scenarios involving multiple factors or pre-existing conditions.

Damages and Losses

Finally, damages refer to the actual harm suffered by the plaintiff because of the defendant’s negligence. These damages can encompass various losses, including medical expenses, lost wages, pain and suffering, and emotional distress. Quantifying these damages often involves documentation, expert testimony, and consideration of both economic and non-economic factors.

Difficulties Proving Negligence in a Personal Injury Case

Deciding if there’s negligence in a case isn’t always easy. Every case is different, and there are a lot of factors to consider. We have to look at what happened, what the law says, and hear from experts.

Moreover, negligence can take on different forms depending on the context of the case. For instance, in premises liability cases, negligence may involve a property owner’s failure to address hazardous conditions like slippery floors or faulty stairs. In medical malpractice suits, negligence could stem from a healthcare provider’s failure to diagnose a condition or administer proper treatment.

Victims and Partial Fault

Pennsylvania follows a doctrine known as comparative negligence. This means that even if the person who got hurt was partly to blame, they can still get some compensation. But the amount they get might be less because they were partly responsible. Per Pa. C.S.A. § 7102, as long as you are less than 51 percent liable for the accident, you can claim damages.

In the end, figuring out negligence in a personal injury case is about looking closely at the facts and understanding the law. It’s about making sure that people who are hurt because of someone else’s carelessness get the help and compensation they need to move forward.

Filing a Lawsuit Against Negligent Parties on Time

In Pennsylvania, the statute of limitations for personal injury lawsuits due to negligence is generally two years from the date of the injury per Pa. C.S.A. § 5524. This time limit is crucial because it ensures that evidence remains fresh, and witnesses’ memories are reliable. 

Filing within this period is essential to preserve the right to seek compensation for damages such as medical expenses, lost wages, and pain and suffering. Missing this deadline can result in the dismissal of the case, leaving the injured party without legal recourse. Time will go by quickly after your accident, and you may not know how long you have left to sue. The sooner you can get legal help, the better.

Examples of Negligence in Personal Injury Cases

Negligence can occur in various scenarios, often leading to personal injury claims. Here are some common examples:

• Car Accidents: Drivers may be negligent by speeding, texting while driving, running red lights, or driving under the influence, leading to collisions and injuries.
• Slip and Fall Incidents: Property owners can be negligent by failing to maintain safe premises, such as not cleaning up spills, leaving obstacles in walkways, or not fixing broken steps, causing people to slip, trip, or fall.
• Medical Malpractice: Healthcare professionals may be negligent by misdiagnosing a condition, making surgical errors, providing improper treatment, or failing to obtain informed consent, resulting in harm to patients.
• Product Liability: Manufacturers may be negligent in designing or producing unsafe products, failing to provide adequate warnings or instructions, leading to injuries from product use.
• Workplace Accidents: Employers may be negligent by not providing safe working conditions, proper training, or necessary safety equipment, resulting in employee injuries.

Each of these scenarios involves a breach of duty that can lead to significant harm, forming the basis for negligence claims. A personal injury lawyer can help you with these and other forms of negligence not listed above.

Get Help Determining Negligence When Your Hire a Personal Injury Lawyer

If you have suffered a serious injury due to the actions or inaction of someone else, it is imperative that you speak with a lawyer. Navigating negligence in a personal injury claim is easier with the help of our legal team. The lawyers at Berger and Green have the experience needed to make a recovery for you.

If you have been injured and someone is to blame, contact the lawyers of Berger and Green for a free case evaluation.