Negligence is a driving factor behind many personal injury lawsuits. Actions don’t have to be deliberate to cause harm; in fact, inaction or inattention is often the reason for accidents. Here are just a few circumstances where another person’s negligence can be enough for you to receive a personal injury settlement.
With the exception of road rage incidents, many car accident lawsuits are based on the idea that the other driver was negligent in some way. Maybe they failed to signal, didn’t notice another car or pedestrian in front of them, or were speeding. These are all breaches of their “duty of care” as drivers. When a person breaks traffic laws, they aren’t upholding the duties and responsibilities that they committed to when they received their driver’s license, so they can be held liable for any damages that they cause.
Negligence is just one form of medical malpractice, and it’s broken into four parts: duty, deviation, damages, and direct cause. These are known as the four Ds of medical negligence, and all must be proven for a successful malpractice claim. You’ll have to show the court that the healthcare professional was responsible for you, that they didn’t follow proper procedure in treating you, that you were harmed by what happened, and that your harm was a direct result of their actions.
Defective products can result in personal injury lawsuits when they cause harm to buyers. The legal argument is that manufacturers have a duty of care to provide goods without “unreasonable or unexpected dangers” to consumers, so when they breach this duty, they can be found both negligent and liable for the damages suffered. Product defect cases can be tricky, and they’re often based on legal precedent, so it’s a good idea to hire a personal injury lawyer, someone like Cartee & Lloyd Attorneys At Law, if you have this type of claim to make.
Workplace accidents can lead to both personal injury claims and workman’s compensation cases. They’re very similar, but they have different standards of proof, and only personal injury claims are based on the concept of fault. Common workplace accidents that lead to personal injury settlements are slips and falls, machine malfunctions, impact injuries, falls from heights, and car accidents while on duty.
Personal injury lawsuits can take many forms, including ones based on negligence. Another person’s actions don’t have to be deliberate to hurt you. If you think that you’ve been harmed through negligence, contact an attorney to seek the compensation that you deserve.
Kara Masterson is a freelance writer from Utah. She graduated from the University of Utah and enjoys writing and spending time with her dog, Max.