Understanding Personal Injury Law and Elements of Negligence

Personal injury law is a branch of civil law that deals with providing monetary compensation to victims of accidents or social wrongs. The injured person, known as the ‘plaintiff,’ can sue the person or entity deemed responsible for the injury, referred to as the ‘defendant.’ In cases of fatal accidents, the family of the deceased […]

Personal injury law is a branch of civil law that deals with providing monetary compensation to victims of accidents or social wrongs. The injured person, known as the ‘plaintiff,’ can sue the person or entity deemed responsible for the injury, referred to as the ‘defendant.’ In cases of fatal accidents, the family of the deceased may file a wrongful death suit against the responsible party.
Sometimes, there may be multiple responsible parties, allowing the plaintiff to sue all of them to recover the full compensation needed for their injuries. The defendant may also claim that another person or entity was responsible, bringing them into the lawsuit as a cross-defendant.

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The burden of proof in personal injury cases is generally lower than that in criminal cases. This means that a plaintiff may recover in a personal injury lawsuit even if the defendant was acquitted of criminal charges stemming from the same actions. The primary goal of a personal injury lawsuit is to recover monetary compensation, rather than to punish the defendant. However, punitive damages may be sought and awarded in cases of particularly egregious or malicious misconduct.

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Personal injury lawsuits can arise from various situations, including motor vehicle accidents, premises liability, professional malpractice, or nursing home abuse. Most injuries are due to negligent or reckless conduct, not intentional acts. To claim negligence, a plaintiff must prove five elements: (1) the defendant’s duty of care, (2) the defendant’s breach of that duty, (3) actual causation, (4) proximate causation, and (5) actual damages.

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A defendant’s duty of care varies by state and circumstances. Generally, everyone has a duty to exercise reasonable care to avoid foreseeable injuries to others. For instance, a driver who has consumed alcohol should not operate a vehicle due to the risk of causing an accident. Similarly, a retailer has a duty to warn customers or repair a loose handrail to prevent injuries. Failure to warn of a dangerous condition can lead to a premises liability lawsuit.

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A doctor also has a duty to act as a reasonably prudent professional with similar training and expertise. This includes ordering appropriate tests or referring a patient to a specialist when faced with a potential diagnosis. A doctor who fails to meet the professional standard of care may face a medical malpractice suit.

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If a plaintiff fails to prove any of the elements of negligence, the case may be dismissed, or the defendant may avoid liability.

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Determining the proximate cause in personal injury cases is crucial. If there are too many intervening events between the defendant’s breach and a plaintiff’s injury, the defendant’s breach may not be considered the legal cause of the injury. For instance, consider a scenario where a driver is doing her makeup in the car. A motorcyclist decides to change lanes to avoid this distracted driver. Meanwhile, a deer crosses the road, and the motorcyclist swerves to avoid hitting the deer and crashes into a car that is illegally parked on the side of the road.

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In this case, the deer and the illegally parked cars are considered intervening causes of the motorcyclist’s accident. The driver may have been negligent in putting on makeup in the car, but her conduct was not the proximate cause of the victim’s injuries.

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In most personal injury cases, a plaintiff may recover two forms of compensation: economic and noneconomic compensatory damages. Economic damages encompass tangible losses, such as past and future medical expenses, lost wages, vocational rehabilitation, household help, out-of-pocket costs, and loss of consortium. These damages are often supported by documentation. Noneconomic damages, on the other hand, include pain and suffering.

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A plaintiff can typically attempt to recover all of their economic damages. However, in some states, there are limits, or ‘caps’, on noneconomic damages in personal injury cases, including medical malpractice cases. ‘Capped’ means that a plaintiff cannot recover more than a set amount of damages for pain and suffering or other noneconomic damages.

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Last reviewed October 2024

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