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What Is Negligence?

November 5, 2020 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

Suffering an injury is not something that is ever anticipated. When the damage is due to someone’s reckless behavior, you may be able to seek compensation through a personal injury court action. Negligence is the foundation of personal injury lawsuits. For the most part, you (the injured party) must be able to show that the defendant (the responsible person) acted without regard for other people, and you got hurt as a result. There are four prongs of the negligence argument that you must be prepared to show in court. Take a look at each one so you know what to expect.

  1. The Defendant Had a Duty

Every driver is expected to adhere to basic laws that govern the road. There is also some common sense that must come into play to help direct drivers remain safe and keep others safe. This is called the duty of care. It has to do with the way every driver should behave to ensure that they and those around them remain safe while traversing the road. Every person who gets behind the wheel must do what they can to contribute to the safe passage of everyone else. This is accomplished through abiding by this duty of care and following laws and logic.

  1. The Defendant Broke the Duty

When an accident happens, the driver who caused it may have broken his or her duty of care. Whether they were speeding, ran a stop sign, or were texting while driving, taking action in contradiction to the duty of care is a breach. The breach rises to negligence. making that driver responsible for all damage resulting from the breach.

  1. The Breach in Duty Caused the Plaintiff Injury

Sometimes, drivers who do not pay attention or who drive with reckless abandon do not cause damage. However, when they do, it may lead not just to property damage, but also to injury to others. When a plaintiff files a suit against a defendant, they must prove that the breach in the duty of care is what led to the injuries they suffered.

  1. The Plaintiff Should Receive Compensation for Damages

Finally, there must be some financial damage incurred by the plaintiff in a personal injury suit. That means they must have medical bills, lost wages, or vehicle fees they now owe because of the defendant’s negligence.

If your case of negligence against another driver ticks all these boxes, you may have a claim against them. Speaking to a lawyer, like a personal injury lawyer from Wiseman Bray PLLC, may help you decide how to proceed to get compensation.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. also have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.

To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

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