Negligence in personal injury law involves more than simply asserting that a defendant carelessly injures another person. While this description captures the general concept of a negligence claim, it oversimplifies the legal elements involved, which include establishing a breach of duty, causation, and damages.
Negligence requires a detailed analysis of the circumstances surrounding the incident to determine whether the defendant failed to exercise the appropriate standard of care, resulting in harm to the plaintiff.
Ordinary Negligence
Personal injury law demands that everyone except children and mentally impaired adults exercise care to avoid injuring others. Ordinary negligence is the failure to exercise ordinary care to prevent injury to another.
The Elements of an Ordinary Negligence Claim
The “elements” of a personal injury claim are the facts you must prove to win your claim. Ordinary negligence claims require you to prove the following five elements:
- Duty of care: The defendant owed you a duty of care, such as driving safely.
- Breach of duty: The defendant failed to meet the demands of their duty of care. Breach of the legal duty of care constitutes negligence, even if no injury occurs. Proving negligence, however, is not enough to establish liability.
- Actual cause: The defendant’s negligence caused the accident that injured you.
- Proximate cause: Your injuries were a foreseeable consequence of the defendant’s negligence.
- Damages: You suffered damages—medical bills, lost earnings, out-of-pocket expenses, pain and suffering, emotional distress, loss of enjoyment of life, etc.
You must prove each of these elements to impose liability upon the defendant.
Burden of Proof
The burden of proof is on you to prove your personal injury claim. The reasoning is that since it is you who asserted the claim, you are the one who must prove it. An exception to this burden of proof requirement applies to affirmative defenses (see below).
Standard of Proof
In a personal injury claim based on negligence, the standard of proof is “a preponderance of the evidence.” This standard is easier to meet compared to more stringent thresholds, as it requires the plaintiff to demonstrate that there is a greater than 50% likelihood that each of the five elements of negligence is present. Essentially, the plaintiff must provide sufficient evidence to establish that the defendant’s actions were more likely than not the cause of the injury, making it a more accessible standard than others used in legal proceedings.
Defenses Against a Negligence Claim
Normally, the way a defendant opposes a negligence claim is to point out that the victim’s evidence fails to meet their burden of proof.
The defendant might use another strategy, however–assert an affirmative defense. In an affirmative defense, the defendant claims that even if the victim’s claims are all true, the affirmative defense should prevent the defendant from bearing liability (or should reduce the defendant’s liability). Common affirmative defenses include:
- Expiration of the statute of limitations deadline
- Comparative negligence
- Assumption of risk
- Failure to mitigate damages
Other potential affirmative defenses might apply as well.
Professional Negligence
Professional negligence occurs when a professional, typically a medical professional, fails to meet the duty of care that applies to them. The professional standard of care is far more stringent than the ordinary duty of care, but it depends on the details of the case.
Imagine, for example, the duty of care borne by a surgeon during surgery versus the duty of care borne by a passer-by who renders first aid at the scene of a car accident. Medical malpractice, a form of professional negligence, often generates high claims for damages.
Comparative Negligence
Comparative negligence appears above as an affirmative defense. This defense is so common, however, that it merits further discussion. Comparative negligence applies when two or more parties share liability for an accident. Typically, comparative negligence applies to the plaintiff and the defendant in a personal injury claim.
Here is how Texas’ modified comparative negligence rules work:
- A party who is 50% or less at fault loses damages in exact proportion to their percentage of fault. If they were 40% at fault, for example, they lose 40% of their damages.
- A party more than 50% at fault loses 100% of their damages.
Each state applies its own version of comparative negligence (and a few states fail to apply comparative negligence at all).
Negligence Per Se
“Negligence per se” is a legal doctrine that simplifies the process of proving negligence. While it does not automatically guarantee a favorable outcome in a case, it can significantly strengthen your claim. If the defendant violated a safety law, regulation, or rule, and you can establish that violation, it becomes easier to demonstrate negligence.
However, to fully prove liability, you must also establish actual cause, proximate cause, and damages. Negligence per se is particularly valuable in cases involving heavily regulated industries, such as truck accidents, where safety regulations are critical to the case.
Gross Negligence
Gross negligence is extreme negligence. There is no clear dividing line between ordinary negligence and gross negligence–it depends on the specific facts of the claim. The significance of gross negligence is that if you can prove it, you could qualify for punitive damages in addition to compensatory damages.
Do You Need a Dallas Personal Injury Lawyer to Help You Prove Negligence?
Negligence claims in personal injury law require a detailed evaluation of the defendant’s actions and the resulting harm to the plaintiff. Proving negligence involves demonstrating key elements such as duty of care, breach, causation, and damages.
Different defenses, including comparative negligence and negligence per se, may impact the outcome of the case. If you are facing a personal injury claim, working with a skilled attorney can help ensure all aspects of negligence are properly addressed, increasing your chances of receiving the compensation you deserve.
Contact Benton Accident & Injury Lawyers today at (214) 556-8321 to schedule a free consultation.