Egan Explains: How Negligence is Determined in Personal Injury Claims

If you’ve been injured in an accident, understanding the legal implications of your case is essential to receiving the financial compensation you deserve. Negligence claims are a common aspect of personal injury law, and it’s important to know what qualifies as negligence when filing a lawsuit. The Law Offices of Kenneth G. Egan, Las Cruces Personal Injury Attorney can help you understand how negligence is determined in personal injury cases. We have years of experience working with clients to ensure they receive the best legal representation possible. In this blog post, we’ll discuss the difference between carelessness and negligence, and how it is determined in personal injury claims.

Carelessness vs Negligence

Carelessness and negligence are not the same thing. Carelessness refers to an act or omission that results in an injury but does not meet the legal standard for negligence. Carelessness can range from minor mistakes to more serious acts that cause harm. It is important to note that carelessness does not always lead to legal liability; it depends on the circumstances of each case.

What is Negligence? 

The legal definition of negligence requires four conditions to be met. First, the defendant must have had a duty of care owed to the plaintiff. This means that you have an obligation to those around you to exercise a reasonable level of care given the circumstances. Second, the defendant must have breached this duty of care through an act or omission. An example of this would be a drunk driver hitting your vehicle at a stoplight. Third, there must be a causal link between the defendant’s breach and the plaintiff’s injury. Medical records help prove this. Finally, the plaintiff must have suffered actual damages. Damages can include medical bills, lost wages, loss of future earnings, pain & suffering, and more. If all four conditions are met, a personal injury claim for negligence can be filed against the defendant.

We are here to help

Negligence claims can be complex, which is why it is crucial to have experienced legal representation. At The Law Offices of Kenneth G. Egan, we have extensive experience handling various personal injury cases and are dedicated to helping our clients seek justice for their losses. If you have been injured due to someone else’s negligence, please do not hesitate to reach out for help today!