Negligence Definition in Personal Injury Law

Negligence occurs when someone acts in a careless, reckless, or unreasonable way and it causes another person to suffer preventable injuries. Proving negligence is central to winning almost any tort claim. If an attorney can show another person or party acted negligently, they can usually hold them liable for the damages a victim suffered. A person can be guilty of negligence even when the injuries occurred in an accident. In fact, this is how most personal injuries occur. Only a small fraction of these incidents are intentional.

If someone else caused an accident that harmed you, the personal injury lawyers at Berger and Green can help. Call 412-661-1400 today.

What Is Necessary to Prove Negligence?

In order to win a liability insurance claim or a personal injury lawsuit, we must prove the liable party acted in a negligent manner. To prove this, generally we have to show:

  • They had a duty to behave a certain way, to follow laws, or to act as a reasonable person would;
  • They failed to follow these laws or act reasonably, not upholding their duty to keep you out of harm’s way;
  • This failure directly led to you suffering injuries in an accident or incident; and
  • You suffered injuries and financial damages.

A wide variety of incidents can lead to personal injuries, including slip and fall accidents, car accidents, defective products claims, medical malpractice, and more. The exact requirements to prove negligence may vary somewhat based on the applicable laws, such as strict liability, medical malpractice, and vicarious liability statutes. We can explain how we will hold the liable party responsible during your initial consultation.

What Type of Evidence Is Common in Negligence Injury Claims?

A winning personal injury case based on negligence requires identifying, collecting, and presenting evidence the liable party acted negligently, as well as documenting your damages. No two cases are exactly alike—and the type of evidence available proves that. In a car accident, we will likely have police reports and images of damaged vehicles. Accident reconstruction specialists may also play a key role. A slip and fall may rely more heavily on eyewitness testimony and surveillance video of the incident.

Proving your financial and emotional losses can also vary from case to case. Most people have medical bills and documentation of lost wages and time away from work, but you may not have receipts from the repair of property damage in a claim based on a fall.

No matter how your injuries occurred, our skilled attorneys know how to maximize your payout based on the facts of your case. We can collect the evidence necessary to prove the full range of your losses.  

The Attorneys at Berger and Green Can Help Prove Negligence in Your Case.

At Berger and Green, our skilled personal injury attorneys understand what it takes to prove negligence and win your case. If you have questions about your right to compensation or if you are ready to start recovering the money you deserve, call us today at 412-661-1400. We offer free, no-obligation consultations, so you have nothing to lose.