There isn’t a law stopping you from filing a personal injury claim after an accident. You have the right to seek compensation for your damages. However, your claim probably isn’t going very far if you can’t prove negligence.
In other words, you must show that the at-fault party's reckless actions make them legally liable for your injuries and other damages, and this means navigating negligence liability rules.
Negligence laws can be complex and it takes more than pointing a finger at someone to hold them liable for your accident. If you’re getting ready to file a personal injury claim, here’s what you should know about negligence and how it can impact your case.
What is Negligence
Before you can claim someone’s actions or behavior is negligent, it helps to understand the law. The law recognizes two types of negligence, intentional and accidental.
Intentional negligence applies when an individual knowingly causes others harm. An example can be assault. If one person assaults another without provocation, it can be considered intentional negligence. Another example is if an employee spills something on the floor hoping to cause a slip and fall accident.
Accidental negligence applies when an individual’s actions or behavior unknowingly causes someone harm. Tailgating (following too closely behind the lead vehicle) is a form of accidental negligence. Knowing the difference between the types of negligence will make it easier to file a personal injury claim.
How to Prove Negligence
As we mentioned earlier, you can’t point a finger at someone and claim they’re negligent. You will need to provide proof, whether you’re dealing with the insurance adjuster or filing a lawsuit in civil court.
So, how do you prove negligence? There are four elements to negligence and you need to prove each one. Before you start panicking if you can prove the first and second elements, the other two tend to fall into place.
Duty of Care
Everyone has a duty of care to others. The duty can vary depending on the activity, but everyone is expected to behave in a way that doesn’t place others at risk. Motorists have a duty to others on the road. Property owners have a duty to ensure their premises are safe for tenants and visitors.
While we just noted that everyone has a duty of care, this doesn’t automatically mean they’re also liable if their actions cause an accident. The law differs from state to state. Georgia law prohibits teachers and schools from being held liable. The State of Georgia is also exempt from negligence lawsuits. Before you try to meet this element of negligence, it’s a good idea to check with your local and state laws.
Breach of Duty
A breach of duty occurs when an individual’s actions or behavior causes harm to others. Drinking and driving is a breach of duty. So is failing to obey all traffic laws. If an employee ignores a spill on the floor and someone slips and falls, the staff member is liable for the resulting accident.
Causation
You need to address two factors to prove causation in a liability claim. You need to show that your damages are caused by the at-fault party’s breach of duty.
A simple way to determine the first part of causation is to ask if your injuries would have occurred if the negligent party hadn’t breached their duty of care. If the answer is no, you can move on to the second part of proving causation.
In this part of causation, you need to show if your damages are predictable, meaning that your injuries are a predictable outcome of the breach of duty. Using the wet floor as a continuing example, you can predict the spill on the floor will result in someone eventually slipping and falling.
If the at-fault party is driving while intoxicated, it’s predictable that they’re likely to get into an accident, causing injuries.
Damages
You’ve made it through three of the four elements of negligence, now it’s time to prove that your damages are the direct result of the accident. You’re showing that your injuries would not have occurred if the at-fault party’s negligent actions hadn’t caused the accident.
You can file a claim for your economic and non-economic damages. Economic damages include your medical expenses, lost income, and property repair/replacement costs. If the accident results in the death of a loved one, funeral costs can also be part of your injury claim.
Non-economic damages are intangible, meaning they don’t have a set monetary value. You can’t produce a receipt to show the value of your pain and suffering. Your personal injury attorney can help you calculate your non-economic damages using either the per diem or multiplier method.
Both methods are accepted by insurance adjusters but it’s a good idea to use both—this way you’re ready with a counteroffer if your first one is rejected.
You may also be entitled to receive punitive damages, but don’t get too excited, and this type of damage is usually only awarded in cases where negligence is intentional. You also can’t include punitive damages in your injury claim. Punitive damages are only given out by a judge or jury, which means you need to file a lawsuit in civil court against the liable party.
Punitive damages are awarded to punish a defendant and to discourage others from engaging in the same type of negligent behavior. How much you’re awarded in punitive damages varies, and most states have caps on amounts. This especially applies to medical malpractice and product liability claims. To learn more about punitive damage rules in your state, talk to your accident attorney.
Where to File Your Negligence Claim
If you’re still negotiating with the insurance company, you may not need this information. Thankfully, most liability claims are settled out of court. However, sometimes negotiations fall through and your only option to receive compensation is to file a lawsuit against the liable party.
Where do you file your lawsuit? Your case goes to civil court in the jurisdiction where the accident occurred, and this also applies if you’re injured in one state but reside in another. You file the claim in the state where the accident occurred and not where you live. To learn more about negligence liability laws, talk to an injury attorney.
