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Key Aspects of Negligence in Personal Injury Cases

Key Aspects of Negligence in Personal Injury Cases

Accidents happen. Some are unavoidable. But in many situations, people get hurt because someone else should have been more careful. In legal terms, this carelessness is called negligence.

In Arizona, the outcome of most personal injury claims hinges on proving another party’s negligence. Your ability to recover compensation is directly tied to building a strong case establishing the other party’s fault. A personal injury attorney can help you gather evidence to support your claim and develop the best legal strategy for seeking the money you need.

If you have questions about how negligence applies to your case, contact Brown & Hobkirk, PLLC for a free consultation* with an experienced personal injury lawyer.

What is Negligence

Negligence means the failure to exercise reasonable care to prevent harming others. When someone acts negligently, they do something — or fail to do something — that results in an injury to another person.

Everyday life requires people to act cautiously to avoid putting others at unreasonable risk. Drivers must obey traffic laws to prevent crashing into other vehicles or pedestrians. Doctors must follow proper medical protocols when treating patients. Property owners have to fix or warn visitors about hazards on their premises. Negligence occurs when someone fails to uphold the level of reasonable care necessary given their role and circumstances.

Negligence is the essential factor that allows accident victims to hold the at-fault party legally responsible for their losses. It forms the legal basis for demanding compensation for medical bills, lost wages, pain and suffering, and other costs associated with an injury.

In a personal injury lawsuit, the victim has the burden of proving that the responsible party’s negligent behavior more likely than not caused their injuries. They must show that the at-fault party knew — or reasonably should have known — that their actions could foreseeably lead to harm. Intentions don’t matter. Many people don’t mean to hurt others but can still be liable for an injury if they are negligent.

Elements of Negligence

Proving negligence requires establishing four elements:

  • Duty of care – Everyone has a duty to act in a way that avoids hurting someone else. This responsibility extends to all areas of life — driving, maintaining property, manufacturing products, and so on. The duty of care refers to the minimum standard of conduct that a reasonable person would uphold in similar circumstances. For example, drivers owe all motorists a duty to drive safely. Drunk driving is a negligent act that places others in harm’s way.
  • Breach of duty – A breach occurs when someone acts (or fails to act) in a way the average person would under similar circumstances. For instance, a doctor who ignores test results when diagnosing a patient violates established medical standards. To prove a breach of duty in this case, the patient must provide evidence showing the physician unreasonably departed from the expected standard of care.
  • Causation – To satisfy this element, victims must show a clear link between the at-fault party’s breach and their injuries. Causation means showing that if the at-fault party hadn’t acted negligently, the victim would not have been hurt.
  • Damages – Finally, victims must prove they suffered damages — actual, compensable losses. Examples include medical expenses, lost income, property damage, emotional distress, and reduced quality of life. Without proof of damages, the plaintiff has no grounds to pursue a negligence claim, even if they prove all other elements.

Comparative Negligence in Arizona

Sometimes, parties in a personal injury claim share the blame for an accident. Arizona law uses a pure comparative negligence standard to determine how compensation should be awarded in these situations. Here’s how it works:

  • The court evaluates the evidence and assigns a percentage of fault to each party.
  • Your percentage of fault determines how much compensation you can demand from the other at-fault party(s).
  • Your compensation is reduced based on your portion of the fault.
  • You can recover compensation even if you are 99 percent responsible for the accident.

A real-life example can break the concept down into simpler terms. Let’s say the court assigns you 30% of the responsibility for a car accident that caused you $100,000 in losses. In that case, the most compensation you can recover is 70% of your total losses, or $70,000.

The upside of comparative negligence is that it allows you to recover money even if you are partly at fault. The disadvantage is that insurance companies will work aggressively to pin as much blame on you as possible to reduce your payout. An Arizona personal injury lawyer can build a solid case that shields you from unfair insurance tactics.

A Personal Injury Lawyer Will Defend Your Rights

Proving personal injury negligence is essential to obtain compensation in a personal injury case. Otherwise, victims are responsible for paying the costs of their injuries out of pocket — something many people can’t afford, especially if they suffered catastrophic injuries. A personal injury attorney can evaluate what it takes to build a robust negligence claim and take the burden off your shoulders.

An experienced lawyer knows the intricacies of Arizona personal injury law and will leverage that knowledge to support your claim. The legal team at Brown and Hobkirk, PLLC will manage all aspects of your case from start to finish. Our comprehensive services include:

  • Investigating the accident scene to gather valuable evidence
  • Interviewing witnesses who can corroborate your account
  • Reviewing photos and video footage to determine liability
  • Consulting experts to break down complex cases in simple terms
  • Analyzing legal precedents to strengthen your case
  • Filing legal motions to obtain important documents or testimony
  • Conducting depositions for useful information from witnesses and other parties
  • Challenging any disputes from insurance adjusters and the opposing side
  • Negotiating for a full and fair settlement from the insurance company
  • Representing you at trial if the insurer refuses to pay

Contact an Arizona Personal Injury Lawyer Now

Don’t wait to get help if you believe someone else’s negligence caused your injury. Contact Brown & Hobkirk, PLLC today for personal injury negligence & a free case evaluation.