When you are injured by another person, the harmful conduct generally falls within a broad legal classification called torts. A tort is a wrongful act that injures or interferes with another’s person or property. Torts can either be intentional (performed purposefully) or negligent (caused by a lack of reasonable care).

Personal injury claims are frequently based on a negligence claim. Negligence is conduct that falls below a reasonable standard of care for the safety of those around you. A key difference between an intentional tort and a negligence claim is the actor’s state of mind. A person who is negligent did not intend to cause harm, but they are still held legally responsible because their careless actions injured someone.

Four things together determine negligence. A negligence lawsuit will succeed only if the plaintiff proves all four of the following elements:

• Duty of Care: The duty of care requires the use of ordinary care to prevent injury to others. It’s determined on a case by case basis.
• Breach: The duty of care is breached when the defendant fails to exercise reasonable care. It can be an act or omission that is not compatible with the standard of care exercised by an ordinary prudent person.
• Defendant Caused the Plaintiff’s Loss: The breach must be the legal cause of harm suffered by the plaintiff, that is both the actual cause and the proximate cause. Actual cause exists when but for the breach, the plaintiff would not have suffered an injury. Proximate cause exists when the type and extent of the injuries suffered where reasonably related to the breach.
• Plaintiff suffered Damages: The plaintiff must suffer damages that can be remedied by monetary compensation. The mere breach of duty is not enough. The damages cannot be contingent or speculative.

Recovery For Damages

To recover in a negligence case, the person bringing the claim must have suffered actual harm as a result of the defendant’s actions. There are two categories of damages that a plaintiff may be able to recover: compensatory damages and punitive damages. Compensatory damages are designed to return the plaintiff to the position he was in before being injured by the defendant’s negligence. Punitive damages may be awarded if the defendant’s conduct was reckless, wanton, or malicious.

Have Your Injury Claim Reviewed for Free

Even if you’re confident that all the elements for a negligence claim are present, it takes a skilled lawyer to make a compelling case and ultimately win.

When you’re injured, it may seem unimportant whether the harm you suffered was caused intentionally or negligently. But when you are seeking compensation, pursuing the proper legal claim can make the difference between success and failure.

Contact Us to receive a free claim review from an experienced personal injury attorney to discuss the elements of your claim and get a head start on the path to recovery.