The tort of negligence is at the center of personal injury law.
This common law cause of action allows you (the plaintiff/injured person) to hold someone else (the defendant) legally responsible for harm caused by that person’s failure to use reasonable care.
Put another way: A person is negligent and potentially liable for your losses by failing to do what a reasonable person would do or doing what an ordinarily prudent person would not do under the same or similar circumstances to avoid injury to another .
Negligence emerged as a way to get a legal remedy (compensation) for injury or loss caused by another relatively recently, growing in popularity in the 1800s with the Industrial Revolution and the building of railroads.
Indeed, negligence lawsuits seeking compensation for personal injury and property damage make up the largest litigation category in Virginia courts and most other states. F ederal and state courts nationwide have entered judicial opinions in thousands of cases where an injured person sought a monetary award based on this tort.
Courts, however, have declined to give bright-line rules on what acts or omissions they consider negligence in each circumstance because they understand the infinite number of situations where a person’s conduct could cause harm and give rise to such a claim. No set of rules would cover all human interactions.
Instead, the case law establishes formulas that divide negligence into smaller pieces – elements – and uses the flexible “reasonable person” standard.
This article identifies and explains the elements of negligence under the law in Virginia and other states. Proving these elements is often the only way to recover money from someone whose carelessness caused injury to your body, brain , or property.
Keep reading to learn more about proving your negligence claim so you can negotiate a car accident settlement or win at trial before a judge or jury.
We hope you use this information on common law negligence claims to help you recover money in tort and personal injury lawsuits based on construction accidents , motor vehicle crashes , maritime accidents , defective products , medical malpractice , railroad worker injury, slip-and-fall accidents, and bicycle wrecks.
Call us if you have questions about your legal rights after reading this article: (804) 251-1620 or (757) 810-5614.
Our top-rated personal injury attorneys represent injured persons in Virginia and Maryland from our Richmond, Newport News, Baltimore, Hagerstown, Cambridge, and Maryland offices. And we are ready to start on your case.