When you’re involved in an accident, whether you fall in a supermarket or are hit by another driver, it’s important to understand how to prove negligence. This can be incredibly challenging, as the other party will likely deny liability. However, you should also consider the significant difference between negligence and negligence per se and the impact it can have on your case. If you’re unsure what negligence per se is and how it can help your personal injury case, you’ll want to keep reading. The following blog explores what you should know about these matters and why connecting with experienced PA personal injury attorneys is critical to fighting for justice.
What does negligence per se mean in personal injury law?
Generally, when an accident happens, in order to recover compensation for the injuries sustained, you must prove that the other party is liable in some way. This could be for failing to put a wet floor sign on the ground or shoveling a sidewalk after a snowstorm. In general, those who do not demonstrate reasonable care for others and that leads to an accident can be held legally responsible for the incident. Unfortunately, proving negligence can be an incredibly complicated process.
There are many laws in place intended to protect the health and well-being of the general public. As such, if someone violates this law and it leads to injuring someone else, they can be held liable without the need to prove that the negligent party did not demonstrate reasonable care.
How can I prove this?
As mentioned, you don’t need to prove that someone did not demonstrate reasonable care in order to hold them liable for your injuries. Instead, you simply need to prove that they violated the law and that violation directly caused the injuries you sustained. For example, if you are hit by a drunk driver, and they were arrested at the scene of the accident, that helps prove the first aspect. Once you can show that they have been arrested you’ll need to show that the law they violated was intended to protect you from the accident that ended up occurring. Generally, the law in place is intended to prevent bodily harm.
While proving negligence per se is generally more simple than proving negligence because the other party violated reasonable care, you should still enlist the assistance of an experienced attorney to help guide you during these matters. Navigating a lawsuit while trying to heal from the injuries you sustained can be incredibly complicated.
At Friedman Schuman Layser , we understand that being the victim of an accident because someone else broke the law can have devastating impacts on you and your family. That’s why our team is dedicated to fighting for you. Connect with us today to learn how we can assist you during these challenging times.
