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Negligence is defined as a party’s failure to exercise the prudence and care that a reasonable person would exercise in similar circumstances to prevent injury to another party.  When a party’s negligence results in another party’s injuries, the latter has the legal right to seek restitution from the former.  Cases involving negligence are also known as torts, or injury committed on the person or property of another which forms the basis of a civil lawsuit.  Through a civil lawsuit, one party seeks money from another for some wrong that was committed. 

Civil lawsuits may be filed on behalf of the party who was injured by another person’s negligence.  The injured party is the plaintiff in a civil negligence case and the defendant is the negligent party.  In order to seek relief for damages the plaintiff must show, by a preponderance of the evidence, that the defendant’s negligence caused the losses in question.  There are four elements of a negligence case that the plaintiff must prove. 

The plaintiff in a negligence case must prove the following in order to be awarded restitution for their losses:  that the defendant had a duty of care; that the defendant failed to uphold this duty; that this negligence led to the plaintiff’s injury or death; and the actual damages that were caused by the injury.  When the plaintiff is able to prove these elements of a negligence case, they may be awarded compensation for their damages. 

The reparations in a negligence case are intended to place the plaintiff in the same position they were in prior to the tort.  A person who has suffered as a result of another’s negligence may be able to seek restitution for medical expenses, property damage, partial or permanent disability, loss of income or earning potential, and pain and suffering.  Damages can be awarded by a judge who presides over the negligence case or through a settlement agreement formally reached between the two parties.  

There are many common types of negligence that give a viable basis for civil legal action.  Civil cases involving negligence can include: vehicle accidents (including cars, motorcycles, bikes, trucks, boats, etc); defective products (including baby products, medical devices, etc.);  medical malpractice; nursing home negligence; slip and fall or premise injuries; dog bites; work related injuries; exposure to toxic materials; and cases of wrongful death.  In negligence cases that result in death of a victim, the decedent’s dependants or beneficiaries may seek compensation for the damages that were suffered as a result of the wrongful death. 

Each state creates and enforces laws regarding negligence.  All jurisdictions have a statute of limitations that provides a timeframe during which a civil claim can be filed.  These statutes can vary by state and circumstance.  If you or a loved one has suffered because of another person’s negligence, you may wish to explore your legal options.  In some cases, negligence suits can be filed separate from criminal proceedings when applicable.  To learn more about your rights and legal options in a negligence case, please contact us to speak with a qualified and experienced attorney in your area. 

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