USATrafficAccidentLawyers.com

Part of the AttorneyDirectories.org Network

  • Find a Lawyer
    • How to Hire a Traffic Accident Lawyer
    • Add a Listing
  • Accident Types
    • Bicycle Accident
    • Cell Phone Caused Accident
    • Drunk Driver Accident
    • Exploding Gas Tank
    • Hazardous Roadways
    • Motor Vehicle Accident
      • ATV Accident
      • Bus Accident
      • Car Accident
        • Defective Automobile Accident
        • Self-Driving Car Accident
        • SUV Rollover Accident
        • What to Expect If You Were Injured in a Car Accident
      • Passenger Van Accident
      • Trucking Accident
    • Intersection Accident
    • Pedestrian Accident
  • Injury Info
    • Auto Accident Injuries
      • Airbag Injuries
      • Defective Seat Belt Injuries
    • Drunk Driver Injuries
    • Hit and Run Injuries
    • Personal Injuries
      • Back and Neck Injuries
      • Brain Injuries
      • Spinal Cord Injuries
    • Pre-existing Injury
    • Wrongful Death
  • Insurance Info
    • Bad Faith Insurance
    • Bodily Injury Liability Coverage Insurance
    • Filing a Lawsuit in No Fault State
    • Insurance Claim Denied?
    • Insurance for Medical Expenses
    • No Fault Insurance
    • Uninsured Accident
  • Resources
    • Blog
    • Comparative Negligence vs. Contributory Negligence
    • Determining Pain and Suffering Damages in a Car Accident Lawsuit
    • National Legal Resources
    • Negligence in a Lawsuit
    • Settling Your Motor Vehicle Accident Claim
    • State Legal Resources
    • Traffic Accident FAQs
    • What are My Potential Damages in a Traffic Accident Case?
  • Contact

What is Negligence in a Personal Injury Lawsuit?

Most (but not all) personal injury lawsuits are based on negligence. Although “carelessness” is often used as a layman’s synonym for negligence, the legal concept itself is considerably more nuanced. An understanding of the concept of negligence will help you evaluate the validity of a potential personal injury claim.

Elements

Negligence is established when four elements are proven:

  • duty of care
  • breach of duty
  • causation
  • damages

Duty of Care

For negligence to occur, the defendant must have had a legal duty of care with respect to the plaintiff (the person asserting the claim). Every motorist, for example, has the duty to pedestrians and other motorists to drive with reasonable care (by refraining from texting and driving, for example). Indeed, every mentally competent adult has the duty to conduct all of his activities with reasonable care not to injure someone else. In some cases, however, the duty of care is enhanced – a heart surgeon, for example, is held to a very high duty of care because of his professional training and experience.

Breach of Duty

To be held liable for negligence, the defendant must have breached his duty of care. This is often a matter of interpretation – did the owner of a vicious dog, for example, breach his duty of care by chaining the dog in his front yard without erecting a “Beware of Dog” sign to deter a visitor who might try to pet it? Did a doctor breach his professional duty of care by taking the patient’s word for it that he had no drug allergies?

Causation

Even if the plaintiff establishes that the defendant breached a duty of care, liability will not be established unless the plaintiff proves that this breach of duty actually caused the personal injury. Suppose, for example, that a motorist is sued for hitting a pedestrian, and the pedestrian proves that the motorist was legally intoxicated at the time of the accident. The pedestrian would still lose his case if the motorist proves that the pedestrian darted out into the street chasing a basketball, and that the accident would have occurred (and would have been equally serious) even if the motorist had been sober.   

Damages

Some kinds of legal claims, such as copyright infringement, do not necessarily require the plaintiff to prove the amount of his damages. A personal injury lawsuit based on negligence, however, does require proof of damages. This proof could come in the form of medical records, the testimony of a doctor, an employer affidavit (for lost earnings) or other evidence. Once economic damages and physical injury are established, a plaintiff might also be able to claim non-economic damages, such as pain and suffering, in an amount that far exceeds the amount of economic damages. Punitive damages might even be possible.

Comparative Negligence

Most states apply some sort of comparative negligence or comparative fault principle, in which the victim’s damages can be reduced or eliminated if he shared fault for the accident with the defendant.

Negligence law can be quite nuanced when applied to the unique facts of a particular claim. If you need to know whether or not you have a viable negligence claim (or whether a negligence claim against you is viable), consult with a qualified personal injury attorney.

Find an Attorney In Your Area


Drive Safely in Winter Conditions

Snow, ice, rain, sleet, many hours of dark – winter in certain parts of the country can throw a lot at motorists. It’s a good idea to plan accordingly … [Read More...]

What are the Most Common Injuries in a Car Accident?

Millions of people are injured in motor vehicle accidents in the United States annually. The vast majority of these injuries are non-lethal, but they … [Read More...]

How Important are Seat Belts?

Seat belts are absolutely essential to reducing the severity of injuries in a motor vehicle accident. While the vast majority of people in America … [Read More...]

Copyright © 2025 Altrumedia, LLC · Site Map · Log in