What is Negligence?
It happens out of the blue, often when you least expect it, you’re driving along on a normal day when all of a sudden, another driver ignores a stop sign and slams right into you. When this happens it can be tough to know what to do, what your rights are, and how you are going to move forward.
This is just one example of what we call negligence, negligence doesn’t just happen on the roadway though. Thousands of people every year are injured due to some other person’s negligence. When this happens it’s important to have legal representation on your side because when you are injured and it’s someone else’s fault, you deserve compensation for your injuries.
Understanding the role that negligence plays in your personal injury case can make it easier when trying to put together evidence and understand why your accident happened. The process can be difficult to deal with alone, but that’s why Hall Injury Law is here to help. We have personal injury experts ready to work with you on your case so that all you have to focus on is your recovery.
How is Negligence Defined in a Personal Injury Case?
Negligence is defined legally as the failure to use “reasonable care.” “Reasonable care” is the care a reasonable person would use in the same or similar circumstances. Thus, negligence occurs when a person either fails to do something a reasonable person would do, or does some act a reasonable person would not do.
We see negligence in a lot of different ways. Most commonly, we can think of a person driving recklessly and causing an accident, but negligence doesn’t just apply to automobile accidents, it can apply to nearly every type of personal injury that can happen to a person.
When one party behaves negligently and the result is an injury to another person or persons, that party can be found liable for the damages that the injured party incurs. In some cases there may be more than one party held responsible, the victim may hold partial responsibility, or it may be that a third party, such as a property owner or employer is the one who holds ultimate responsibility.
However, no matter who holds liability, if you were injured in an accident that wasn’t your fault, we recommend that everyone hire a personal injury attorney and file for compensation. You should not have to pay for the hurt that someone else caused you.
Negligence and Comparative Fault Laws in Minnesota
One whose negligence was a direct cause of another’s injury, can be deemed “at fault” for the damages caused. Minnesota has very clear law explaining how fault can be apportioned between multiple parties.
One of the key provisions in the Minnesota comparative fault statute is that where more than one party is deemed negligent for an injury, then more than one party can can share fault. Further, a victim whose fault is less than that of the opposing party can still obtain compensation for their injury, with the amount of compensation reduced by a percentage based on how much they were at fault.
In other words, if you were in an accident and it was partially your fault, you would still be able to seek damages against the majority at-fault party, and the amount you would be awarded would be reduced by how much at fault the court determined you to be. This helps victims in complex accidents to still receive compensation for their injuries, even if the fault is not clear-cut.
Proving Negligence and Fault in a Personal Injury Case
Proving fault in a personal injury case can be difficult. Most people understand that the more time passes between the accident and the gathering of evidence, the harder it is to prove your case.
That is why we recommend hiring a personal injury attorney right away to help with the process of gathering evidence.
One of the most important pieces of evidence that will prove negligence and fault is photographs or videos of the vehicle damage and the scene of the accident immediately after the collisionn happens. This way the courts can see what the situation that caused the accident entailed before it is altered or tampered with.
Another great way to get evidence to support your case is by talking with witnesses and getting their testimony. If they saw the accident, they likely noticed details that the victim may have missed. This makes it possible to determine negligence when you have multiple different perspectives.
Lastly, documentation is another piece of evidence that can be used to prove negligence and fault in an accident. Injury records, maintenance records, complaints filed about a particular issue, driving records for car accidents, and any other information that may show a pattern of behavior that demonstrates neglect or lack of proper care can be used to prove your case.
Let Hall Law Support Your Case Today
Negligence plays a big part in most personal injury cases. However, proving negligence and getting the compensation you need and deserve is not always easy. It takes a legal expert to help navigate the laws and gather evidence to support your case. Don’t go it alone, let Hall Law be the one to help you with your case. Contact us today for a consultation.