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Understanding Negligence Law in a Personal Injury Lawsuit

The heart of all personal injury lawsuits is negligence. You, the plaintiff must prove with evidence that the responsible party must be held liable for your injury. 

 

Negligence Law – An Overview

Negligence is a failure to exercise appropriate or required care to avoid causing injury or loss to another person. A store doesn’t mop a spill for several hours, and a customer slips, they are negligent. If a drunk driver were to hit you with their car, they would be considered the negligent party. 

 

Proving Negligence

In order to win a personal injury claim, you must prove 3 things:

  1.   Standard of Care: The defendant had a legal or ethical duty to the plaintiff (you) to use reasonable care.
  2.   Breach of Duty: The defendant acted (or failed to act) as a reasonable person in the same situation would.
  3.   Causation: The defendant’s actions (or lack of action) caused your injuries. 

 

Standard of Care

This is a duty that everyone has, in some capacity, to use reasonable care to prevent injury or loss to others. In personal injury cases like car accidents, the duty of care is directly related to the laws of the road that everyone must abide by. In personal injury cases involving common carriers like bus drivers or airline pilots, they are trained to be aware of their passengers’ safety and are held to a stricter standard.

 

Exceptions

There are some exceptions to duty of care requirements that can make personal injury cases more difficult including the foreseeability of harm to the injured party – If someone spills milk in a grocery store, and thirty seconds later another person slips on the milk and is injured, it would be hard to prove negligence of the store. To learn more about these exceptions, click here:

 

Breach of Duty

When you are on the road, you are required to abide by the law and exercise sound judgement. If you are going 65mph in a 25mph area and cause an accident, you would be considered negligent. If you can show that the defendant breached a duty like this, then you have a solid negligence case.

 

Causation

If someone’s negligence caused you to break your leg, but you start complaining about neck pain, and you have a medical history of neck pain prior to the accident, you would have a hard time proving that person’s negligence caused your neck pain. When it comes to working with a personal injury lawyer, potential clients should be aware that medical history is critical to the success of their case.

 

If you believe you can prove the negligence of another person or entity caused your personal injury, you might have grounds for a case. Talk to one of our experienced personal injury lawyers at the Scranton Law Firm, and we can give you a free legal evaluation for your type of case.

 

Here is some other information you might find helpful:

Insurance Company Tactics In Personal Injury Claims

Statute of Limitations for a Personal Injury Case

Filing a Lawsuit

Call, Text or Email for a Free Legal Consultation

Contact our California personal injury lawyers for a free case review. Tell us about your injury and we will determine your next steps.

Scranton Law Firm Reviews

Alex was amazing- super communicative and friendly! Highly recommend:)
I wanted to highly recommend Jamie Retmier at the Scranton Law firm. She is confident, responsive and some you can trust for guidance and direction....
They are a great they are very helpful I like the way they communicate with me also the way they care to working hard in my case
Me gusta como fueron tan amables conmigo y lo bueno que tienen a alguien que hable español. Muchas gracias Alex!
Definitivamente los recomiendo si alguna vez tienes un accidente!
Amazing law firm! They were very helpful with my case and easy to work with.
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I appreciate that they actually talk to their clients and explain how everything works!
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I called them for legal advice on a potential case I had. They were friendly and very professional, definitely recommend their services.
I called around to get help because I didn’t know what to do. Thanks Alex!
I was lost and didn’t know what to do after my car accident. I’ve never called a law firm before so I was really nervous. Thanks to them, they made me feel so comfortable.
I appreciate the way that Scranton Law Firm handled my case. Everything was done very professionally. The communication between them and I was always there and in a timely manner. I would definitely use Scranton Law Firm for any future case that I were to have
At scratton law firm I have always been satisfied in the past and at present With the outcome of my business. I would like to give A special thanks To Roman And his team For an exceptionally well done job on Our case. He is very efficient and pleasant And pleasure to work with Scratten law firm Thank you very much.
I want to take the time to thank Scranton Law Firm. All of their staff have been super nice with me and my family who were in need of legal assistance.
Jamie Retmier worked on my auto accident case and I got a good and fair settlement. My chiropractor was so pleased with their efficiency he dropped his attorney and got took his case to Scranton.
Jamie Retmier is the best! She worked with my insurance company when my car was declared a total loss. She worked with the other insurance companies and...
Lawyers that advocate for you and are knowledgeable in law.
Professional, well staffed, responsive, supportive.
This was the first time I had to deal with a car accident and I am so blessed to have found Karl and Scranton law firm. They represented me well! I can't be...
Thank you so much to Scranton Law Firm especially Roman Gomez. He made my case zero stress, fast and managed to get me a great deal after I was hit by another driver. The company was reluctant to pay for the amount but thankfully these guys are knowledgeable, just and were able to fight for my rights. - Hector Mejia
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Scranton Law Firm really was there when I needed help!! I was in an accident where the other driver was not honest in the details and his insurance was a bit brutal/nagging. Scranton Law Firm handled everything, keeping me in the loop all the way. I would hope no one needs them, but would highly recommend them! Top Shelf
Took my case and handled everything kept me in the loop as things progressed. Asked me what I wanted took my opinion into consideration and called me when the job was done.
Ask for Daniel Hoer, he makes it happen!
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Unfortunately I left a one star review for the wrong law firm, it was meant for Kuvara Law Firm.Mr. Louis G. Beary who is now in charge of my case has shown me more professionalism and take charge attitude which I find as an exemplary Attorney.
I am very happy, this law firm was very helpful and was very polite especially Roman. I am very thankful and I recommend them!
So far so good .. Scranton was recommended to me through a friend. I was already going through a bad experience with another injury law firm. I spoke with...
Great law firm, and friendly people too! Helped me out with my legal expenses.
In 2019 I was involved in an automobile accident where the other driver ran a stop sign. I suffered a breastbone fracture which left me with agonizing...
Jamie R has been so very helpful in settling my automobile claim. Thanks to her for her calm demeanor and responsiveness. It nice to have someone to take...
Very personable
Roman Gómez,y Erika Mendez excelente persona ,y el abogado louis g beary ,me ayudó en todo el momento en mi caso,se los recomiendo
Great law firm. They work really hard to get you what you deserve. I was so glad to have them on my side.
Bob has been an excellent source of professional meets personalization. He listens and focuses on what’s at hand, which is you! Highly recommend him to whomever is in need of top notch representation.
Top Notch company 👌💪 Fought hard for my husband. Very positive experience. You want them on your side. Kudos to Nikki the assistant!!
Fair, helpful and great communication. They walked me through the whole process and made sure I was taken care of. Would highly recommend to friends and family.
A no hassel experience. Pleased.
Very professional firm. My lawyer was Lou Berry. We worked well together.
Without the help of Scranton Law Firm I would never recovered a dime from my insurance company on a hit and run accident where the insurance company refuse to pay on a uninsured motorist policy they got them on a technicality and they had to pay up. Thanks Scranton Law Firm you guys are the best
Scranton Law firm did a great job with my case. All my questions were answered in a timely manner and always with a sense of urgency. My dad was recently in...
Great experience, will always recommend. Every question I had was always answered in a timely matter and with a sense of urgency.Thank you Scranton Law Firm!
Roman is awesome! He stays on top of things & keeps you updated. I’d recommend him to anyone! Thank you for helping me & always calling/texting back.
Friendly and professional as well as speedy.
I had a great experience with Scranton law firm Karl and the whole team were efficient and they treat you like family I would definitely recommend them!
Above and beyond service!!!
My experience was great the attorney I had prior to Stratton was only going to ask for 50,000 and and he told me my case was not looking very good I went to Stratton and they got 150,000 for the case I I was very happy with him
Pleased with their Professional Service, quick response and satisfactory outcome.
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Great people who have your interest inhand. They work hard for you and get results.Thanks againCharles A. Akers
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Chris Ackermann was very friendly and helpful! Constantly kept us up to date on our case, I would definitely recommend Scranton Law Firm to anyone that's been involved in a MVA! Well deserved 5 STARS!!! Thank you for your service!
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I recommend this firm 100%. If you are injured just call... They will help you!!
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Overall good experience here. Chris miller did a great job in doing what he said he was going to do in a timely manner and kept me well informed. Some of...
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