Negligence is carelessness that harms another person. To legally sue for negligence, you must be able to prove four things:
- The defendant—the person you are suing—owed you, the plaintiff, a duty of care.
- The defendant failed to exercise due care, thereby breaching the duty.
- The defendant’s breach of duty caused your injury.
- You suffered damages as a result.
Duty of Care
The dictionary defines duty of care as “a requirement that a person act toward others and the public with watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would.”
Breach of Duty
The dictionary continues, “If a person’s actions do not meet this standard of care, then the acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence”; hence, we have breach of duty.
Sometimes the cause is clear, such as when your dog bites a neighbor’s arm. Other times, it may be hard to prove that the actions directly caused the injury, such as when you injure your neck in a car accident but you have had previous neck problems. You have to prove how much further damage to your neck was caused by the accident.
The goal in recovering damages is to return you, the plaintiff, to the same condition you would have been in had the injury not occurred. Damages include the cost of medical care for the injuries, as well as lost wages and estimated costs for future medical care.
You need a good Louisville personal injury attorney if your injuries were caused by someone else’s negligence in Kentucky. Call Gray and White Law at 502-210-8942 or toll free at 888-450-4456 and set up a FREE, no-obligation, confidential consultation.