Negligence forms the basis for most personal injury claims in Indiana. Negligence occurs when someone fails to act within a reasonable standard of care. When another person is injured because of someone’s negligence, the injured victim is entitled to recover compensation for their damages.
Whether you have been injured in a car accident, workplace accident, or some other type of accident, someone’s negligence is often the cause of your injuries. You could be entitled to receive compensation for your medical bills, lost wages, property damage, and pain & suffering. However, you will be required to prove negligence before getting a recovery. Dive into all the details below to learn everything you need to know about negligence in personal injury cases.
What Is Negligence?
At a high level, negligence is the failure to use the same level of care that a reasonable person would use under similar circumstances. Negligence includes four elements, and each must be proven for an action based on negligence to succeed. The four elements of negligence are:
- Duty of Care: A duty of care is often owed to others to act safely and reasonably. For instance, drivers owe other people on the road a duty of care to operate their vehicles safely and responsibly.
- Breach of Duty: A breach of the duty of care happens when someone fails to act in accordance with the duty owed to others. A breach can lead to liability for any damages resulting from the conduct.
- Causation: An action for negligence requires proof of both direct and proximate causation. This means that the accident or injury must have been a direct and foreseeable consequence of the wrongdoer’s conduct.
- Damages: Some damages may have resulted from the wrongdoer’s negligence, such as medical bills, lost wages, property damage, or other losses.
Proving each of these elements is crucial to winning your negligence claim. An experienced personal injury attorney can help you put together your case and prove all four elements of negligence.
What Is a Duty of Care?
A duty of care is the legal requirement owed to others to behave in a reasonable manner under the circumstances. This is sometimes referred to as the “reasonable person” test. A duty of care may be imposed by law, custom, morality, or even personal commitment.
Imagine you are driving a car on the road. You owe other drivers a duty of care to operate your vehicle responsibly. In many cases, this duty is imposed by law.
For example, the law prohibits texting while driving, operating your vehicle while under the influence, and speeding. If you injure someone while engaging in these behaviors, you will likely be held responsible for their injuries and other damages.
What Is a Breach of Duty?
Similar to a breach of a contract, a breach of the duty of care occurs when someone does not uphold their end of the deal. If someone owes others a duty of care, they breach this duty when they act outside of the manner prescribed by the duty.
For instance, imagine a scenario with someone driving a vehicle. This driver owes other drivers on the road a duty to operate their vehicle safely and responsibly. However, imagine that this driver is texting while driving. This conduct is not safe, and it is likely a breach of the duty they owe other drivers, pedestrians, bicyclists, and others on the road.
What Is Causation in Negligence Claims?
The defendant’s negligent conduct must have caused the damages sustained in a negligence claim. Both direct and proximate cause need to be established. To establish both, you need to prove that you would not have been harmed except for the defendant’s conduct and that the harm was a foreseeable consequence.
Think back to the texting while driving example used previously. If the texting driver slams into the back of another vehicle, the victim’s whiplash would be both a direct and foreseeable consequence of the driver’s actions.
What Are Damages in a Negligence Claim?
Damages in a negligence claim can include both the financial losses suffered by the victim as well as their pain and suffering. These are known as economic and non-economic damages, respectively. Some common damages in negligence claims include:
- Medical bills
- Lost wages
- Property damages
- Pain and suffering
- Emotional distress
In rare cases, punitive damages may also be available. However, these damages are generally limited to cases involving willful or malicious conduct.
Get Help From an Indianapolis Personal Injury Lawyer for Your Negligence Claim
If you have been injured because of someone’s negligence, getting compensated for your injuries is not always as easy as it sounds. You must prove all four elements of negligence to be successful. An experienced Indianapolis personal injury lawyer can help you gather evidence and prove your claim. Your time to file a claim may be limited, so contact a lawyer at Rob King & Associates, Trial Lawyers today for help at (317) 916-0000.
