Negligence is a legal term that refers to the failure of an individual to exercise responsibility and follow the law, resulting in the injury or harm of another individual. Some common examples of negligence include driving aggressively or under the influence and not adhering to traffic signals.
If you are a victim who is looking to claim compensation, then you should know about the differences between negligence and negligence per se. You can do this by visiting reputed law websites like www.lorenzandlorenz.com.
As the name implies, negligence, in legal terms, refers to a person who causes physical or emotional harm to another individual due to being negligent. Being negligent, either through inaction or carrying out a specific act that resulted in causing harm or loss for another individual, is punishable. However, being negligent and proving negligence are two very different things. Luckily, the legal system has laid out the framework upon which every licensed personal injury attorney bases their case.
As mentioned, for a person to be considered negligent and to be proven negligent are very different. While evaluating a case, a licensed attorney will prove their client’s is right to claim compensation by looking at the following factors;
● Duty of care – The defendant owed a duty of care to the plaintiff.
● Breach of duty – Either through action or inaction, a breach of duty indicates that the defendant did not act prudently, resulting in the injury or loss of another individual.
● Causation – The breach of duty by the defendant directly resulted in the injury or loss of another individual.
● Damages – The defendant’s actions have resulted in losses for another individual (or individuals).
● Cause in fact – The injuries or loss of an individual were caused directly by the action or inaction of the defendant.
● Proximate cause – The defendant was privy to the possibility that their actions could result in the loss or injury of another individual.
In either case, hiring a professional personal injury attorney in San Antonio will help determine the legal viability of your case and the damages you can claim from the defendant.
What About Negligence Per Se?
The term ‘negligence per se’ helps establish the presumption of negligence. This means that if you hire a professional attorney for your case, proving negligence per se could help you skip the need to provide the first couple of elements of proof that are required to prove negligence.
That said, proving negligence per se by a defendant means that they were in fact, negligent by violating the regulations or statutes that have been enacted for the protection of the public. When it comes to negligence per se, the main basis for liability often has to do with the defendant violating certain safety statutes.
While proving negligence per se is considered easier as compared to proving negligence cases, you are still going to need a professional attorney by your side who can eliminate the reasons for doubt, both from the judge and the jury. By presenting your case in a clear and coherent manner, an attorney can help you claim compensation by either proving negligence or negligence per se of the defendant.