Elements of a Personal Injury Lawsuit
Before he can prevail in his personal injury lawsuit against a defendant, a plaintiff must prove that the defendant was negligent and that the negligence of the defendant was the proximate cause of his injuries. These core elements pervade the scope of nearly all actionable personal injury claims whether they arise from automobile accidents, injuries occasioned from a slip and fall on the premises of another and products liability suits for harm sustained from using a defective product.
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Negligence Defined
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Negligence is the failure of a person to exercise reasonable care toward others sufficient to guard against risks that he knows are likely to cause harm, as well as risks, which in the exercise of reasonable care and diligence, he should have known would cause harm to third parties. Examples of actionable negligence might include failure of a manufacturer to adequately warn consumers of the risk of personal injury incidental to the use or misuse of its produc, the failure of a shop owner to wipe up a wet floor and the failure of a homeowner to warn visitors about hazardous conditions on the premises.
Contributory/Comparative Negligence
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Under the theory of contributory negligence, a finding by a jury that a plaintiff's own negligence caused his injuries, in whole or in part, will act to defeat his claim. An example would be a plaintiff who sustains injuries in an automobile accident but was intoxicated at the time of the incident. In most jurisdictions, the doctrine of contributory negligence has been replaced by a statutory scheme of comparative negligence. Under comparative negligence, a jury will assess on a proportionate basis that amount by which the plaintiff was responsible for his own injures and any damage award will be reduced accordingly.
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Causation
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In general, the test of causation is whether the harm sustained by the plaintiff was a reasonably foreseeable consequence of the defendant's acts or omissions. Another way to frame the question is, but for the actions of the defendant, would the plaintiff have suffered harm? If a jury finds that the defendant failed to act in a reasonable manner to guard against risks that he knew, or in the exercise of reasonably care should have known, would likely cause harm to the plaintiff, then he will be found liable for the plaintiff's injuries.
Compensable Damages
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A personal injury plaintiff who is harmed by the negligence of another is most commonly entitled to damages for his medical bills, as well as both past wages or earnings lost and any future wages that he will forgo due to his impaired physical condition. In most jurisdictions, an injured plaintiff is also entitled to compensation for his pain and suffering.
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