Negligence, legally speaking, refers to the failure of one party to take reasonable care for the safety of another party. Negligence is the crux of personal injury law; under Kentucky law, if a person suffers injury and financial loss due to another party’s negligence, the injured victim is entitled to fair compensation for their losses (called “damages” in personal injury lawsuits).
If you have been hurt in a car accident or construction site mishap, suffered a birth injury or other form of medical malpractice, or slipped and fallen on someone else’s property, you may have grounds to file a lawsuit for damages. To win, though, you must prove the other party was negligent. This can be more complicated than it seems at first; we recommend consulting with an experienced Louisville personal injury lawyer to understand your options.
The legal definition of personal injury negligence
Negligence is a four-part legal concept. Personal injury plaintiffs (the injured party) must prove all four elements of negligence for a successful case.
1. The defendant owed the plaintiff a duty of care
A duty of care is the obligation of one party to fulfill certain responsibilities toward others. For example, a licensed driver has a duty of care to others on the road: to drive safely, be sober, and avoid violating safety regulations that could cause a wreck. A pharmaceutical manufacturer has a responsibility to ensure that medications intended for the public have been tested for safety and that the benefits of the drug outweigh the risks.
2. The defendant breached that duty of care
A breach of duty of care is a failure to provide the level of care for others’ safety that a reasonable person would have exercised under the same circumstances. Again, different types of personal injury claims will have a different standard for what is considered a breach of duty of care. Inattentive driving for example, would be a breach of duty of care in personal injury cases involving motor vehicle collisions.
In dangerous drug claims, by contrast, the defendant is an entity (the pharmaceutical manufacturing company) with a responsibility to follow safety guidelines for making medications. A breach here may be a failure to warn users of potentially dangerous side effects.
3. The plaintiff was harmed because of that breach
Once you’ve established that the defendant breached their duty of care, you must next prove that the defendant’s actions caused the injuries at issue. For example, it must be proved in a medical negligence case that the mistake of the doctor caused the bad outcome (as opposed to some other natural or pre-existing condition). Medical bills from post-accident treatment establish this, as can testimony from medical experts. Personal injury lawyers work with expert witnesses who can offer specialized knowledge to build this aspect of the case.
4. The plaintiff suffered financial loss
Personal injury claims compensate the injured party for losses they suffered due to the defendant’s breach of duty of care. Plaintiffs are entitled to compensation for their economic losses, as well as non-economic losses (like pain and suffering).
Proving that you incurred expenses you wouldn’t have but for the defendant’s actions is fairly straightforward: your personal injury attorney adds up your medical expenses, property damage, and other out-of-pocket expenses. Your non-economic damages (pain and suffering) are calculated as a factor of your economic damages.
Getting a fair settlement in a personal injury claim requires a strong, evidence-based case with evidence to support each aspect of negligence. Your best chance of getting the money you’re due is working with an experienced lawyer.
Get the help you deserve after an injury
Proving negligence can be complicated, but you don’t have to face it alone. If you’ve been injured because someone else failed to act responsibly, a dedicated personal injury attorney can help protect your rights and fight for fair compensation.
Have you been hurt due to someone else’s negligence? We want to hear your story. Call Grossman Green today at (502) 657-7100 for a free consultation.