The majority of personal injury lawsuit or claim relies upon the doctrine of negligence. In order for the injured party to be awarded damages in the form of financial compensation for the loss they’ve sustained as a result of injuries suffered they must show the cause of the injuries was the result of the party in question or in their negligence.
What is Negligence According to the law?
What is the law define “negligence”?
In law, someone is considered to be negligent when they act in the way as an “reasonably careful person” could not. This does not just apply to reckless actions and omissions, but also negligent failure to take action. As an example, in an injury lawsuit involving a car crash and lawsuit responsible individual was required to exercise a duty of diligence to be safe and to obey traffic laws. Everyone is required to adhere by law to the same duty. If they do not perform this, then the law states that the driver was in the wrong.
There are four aspects an attorney’s personal case must show to demonstrate the guilt of the responsible the other party:
- The party at fault was allegedly responsible for the accident and had a responsibility of care towards the victim.
- The person who is alleged to be at fault has not fulfilled the obligation.
- The injuries suffered by the victim were caused by the at-fault party’s alleged in breach of duty.
- The victim suffered financial losses as the result of these injury.
Negligence Per Se
Certain cases are where negligence can be automatically implicated for situations in which the party at fault has committed a violation of a law or regulation that prohibits the behavior that is at issue. This is often referred to as negligence per se. When stated in a different manner, the legislature has decided that the act is in violation of a specific legal statute or law restricts certain actions in the instance.
In the event of a claim falling under negligence, in and of itself or the lawyer for the victim doesn’t have to prove any of the four factors. It is only required to show that the person at fault was in violation of an act or regulation, and that the violation led to the accident that caused injury to the victim and that those damages resulted in loss.
In other words, it’s prohibited to drink and drive. If someone gets driving their car after having consumed alcohol and is involved in a collision that result in injury for the victim, and they are accused of DUI and is found guilty, the judge would find the driver at fault as negligent in their own right and be able to hold them legally accountable to compensate the victim for their losses. It’s not all there is to this, as the person who was injured’s Virginia attorney for personal injuries must prove all the aspects that indicate that a breach of the law that led to the victim’s injuries, or the accidental death of the victim.
If the at-fault party committed a violation of a statute or regulation which caused injuries to the victim or harm, when the act was negligent or was done with a deliberate disregard of human lives, the jury can additionally order the party to compensate the victim with punitive damages as well as the financial as well as non-economic damages that the victim can claim. Punitive damages are basically punishment damages. However compensation damages are those that compensate victims for the injuries they sustained due to the incident. In contrast, punitive damages are a punishment for the offender and aren’t directly linked to the extent of the injuries that the victim suffers.
Let our Personal Injury Law Firm Aid You
If you or your loved one suffered injuries in an accident that was caused by another person, you should contact an Virginia attorney for personal injury to determine what kind of legal remedy you could be entitled to. Based on the specific circumstances that led to your injury the possibility is that you could be eligible for medical bills and loss of earnings, injuries and pain, and much more.
It is worth noting that the Virginia personal injury lawyers from Shapiro, Appleton, Washburn & Sharp have been successful in advocating the injured victim in getting an amount of personal injury damages they were entitled to due to their injuries. This includes the record-breaking moderate brain injury settlement of $60 million. The case was settled in the midst of an appeal. Contact us now for no-cost Virginia assessment of your personal injury case.