When filing a personal injury lawsuit, understanding how to prove your case is essential. However, not all personal injury lawsuits are the same, and there are different circumstances for each lawsuit. You’ll need to understand the difference between negligence and negligence per se in order to receive the best possible outcome for your case. Though they seem similar, they differ in the eyes of the law. The following blog explores the meaning of this term and how a Kaufman, Texas personal injury attorney can help you navigate your case.
What is Negligence Per Se?
In order to understand the difference between these two terms, it’s vital to know what negligence is. In general, negligence occurs when a person refuses to act at a level of reasonable care. Generally, reasonable care is recognized as a level of care and caution that anyone would assume in a situation. It is acknowledged as the standard of proving negligence in a court of law.
Negligence per se, on the other hand, occurs when an individual violates a law enacted to protect people. For example, if a person drives drunk and injures someone, they violated the statute prohibiting people from operating a vehicle while under the influence. This means they do not have to prove that the person acted negligently, and that’s what caused the injuries.
How Is It Proven?
As previously mentioned, the burden of proof in negligence cases is a bit harder to fulfill than those in negligence per se cases. This is because there are more elements that must be presented to the court in order to hold the defendant liable for their actions. However, with negligence per se suits, proving responsibility can be more straightforward.
In order to prove negligence per se, the plaintiff must prove that they sustained injuries, the injuries were the result of the violation of a law, the law was enacted to prevent the kinds of injuries sustained, and that they are a member of the class the statute was put in place to protect. It s important to note that “members of the protected class” are usually the general public.
Can an Attorney Help?
Though it may seem more straightforward than standard negligence cases, contacting an attorney as soon as possible for guidance during a negligence per se case is essential. Unfortunately, there are many nuances with the law, so retaining the help of someone well-versed in these cases is vital.
If you were injured by a negligent party breaking the law, Harrell & Paulson are here to help. We understand how challenging these times can be, and we will do everything in our power to help hold the negligent party accountable for their actions while getting you the compensation for your injuries that you deserve. Contact us today to learn more.
