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The importance of “negligence” in your personal injury claim

On Behalf of | Oct 30, 2023 | Litigation

When Kentucky residents are injured in an accident of some kind, they may be quick to point out that it wasn’t their fault—someone else caused the accident. This is common with motor vehicle accidents, for example, although incidents on someone else’s property or medical situations can also lead to these circumstances. If you are thinking about pursuing a personal injury lawsuit because someone else caused your injuries, you will likely become very familiar with the term “negligence.”

Negligence in your case

Negligence,” as a legal term, is often the heart of a personal injury case. So, what does it mean? Well, in essence, a person or party is “negligent” if they did not conduct themselves with a level of care that another, reasonable person would have in a similar situation. Obviously, there is a problematic level of subjectivity with this term.

However problematic that subjectivity might be, it is still the plaintiff’s burden to prove that negligence occurred in the situation that is the basis for the personal injury lawsuit. For instance, if a plaintiff is accusing a defendant of causing a car accident that led to the plaintiff’s injuries, the plaintiff must prove exactly what conduct the defendant either committed or failed to uphold that would consist of negligence.

There are several elements involved in personal injury cases. As you deal with the aftermath of a situation in which you suffered a serious injury, it can help to begin to think about the potential legal path forward. The evidence that will be needed to prove negligence and other elements of the case may not be readily available for long after the accident.