What is the Legal Standard of Negligence?
Accidents Caused by Negligence
No one expects to be involved in an accident, yet they happen every day around the nation. When you do get into an accident and get injured, you may immediately wonder who was at fault. That’s why it’s important to notify either the police, a supervisor or on-duty manager about your accident right away. These authority figures will begin an investigation into your accident.
During this investigation, important questions like who was at fault will be asked. Depending on the severity of your injury, the results of this initial investigation may become crucial to your claim for compensation. Your case will hinge on whether or not the person who caused the accident was negligent. What’s negligence? Find out the in-depth answer below.
Who Has a Duty of Care Towards You?
When pursuing a lawsuit for compensation, you must first prove that the person responsible did have some kind of duty of care towards you. In other words, the defendant must have had some kind of legal obligation to reasonably care about your safety.
This duty of care applies to homeowners who invite you over to their property, business owners that maintain stores, employers, doctors and product manufacturers. Motorists also have a duty to provide for the care of other drivers and pedestrians. Depending on your situation, you may need to examine your state’s rules, statutes and regulations to determine the duty of care owed to you by the defendant.
How is the Breach of Duty Determined?
The next thing you need to prove is that the defendant breached their duty of care towards you. In most circumstances, courtrooms examine this breach of duty. They’ll need to determine whether or not the defendant took reasonable steps to ensure your safety.
Depending on your situation, proving negligence may be complicated. Doctors, for example, are held to a high standard, so it’s a challenge to prove they didn’t reasonably provide for your safety.
What Should You Do If Someone’s Negligence Caused Your Injury?
When the defendant’s negligence directly caused your accident, then you have all the legal basis necessary to pursue a claim in court. You’ll be eligible to collect compensation for all the losses you suffered due to the accident. If you think you may have a case, then it’s important to get started on your claim as soon as possible.
Contact a Philadelphia Personal Injury Lawyer to Discuss Your Case in Pennsylvania
Did you or a loved one sustain serious injuries due to personal injury in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Marrone Law Firm, LLC represent clients injured because of personal injury in Cherry Hill, Philadelphia, and throughout New Jersey and Philadelphia. Call 215-709-7360 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 532 Marlton Pike West, 2nd Floor, Cherry Hill, New Jersey as well as offices at 200 South Broad Street, Suite 400, Philadelphia, Pennsylvania 19102.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.