When you sustain a slip and fall injury, are the victim of a car accident, or suffer any other kind of injury due to another party’s actions, you may not know that you are entitled to financial compensation. However, many different elements can influence the outcome of your case. If you were injured and want to pursue a personal injury lawsuit, understanding the difference between negligence and negligence per se is essential. Luckily, the following blog explores this complicated legal term and how Monmouth County personal injury attorneys can help you navigate your lawsuit.
What Is Negligence Per Se?
Though you may be familiar with the term negligence, negligence per se, it is vastly different in terms of the law. In general, negligence refers to someone who either unknowingly or knowingly caused harm to another person through their lack of action that a reasonable person would do. Negligence per se almost always happens knowingly, as they are directly breaking a law intended to protect other people.
For example, if a property owner does not remove ice from their sidewalk and someone is injured, they can be held liable under negligence. On the other hand, if someone is speeding double the posted limit, subsequently crashing into another driver and injuring them, this would be considered negligence per se as they knowingly broke a statute implemented to limit harm and protect the general public.
Negligence per se does not require the injured party to prove they owed them a duty of care because they have already violated the statute that provides the duty of care.
How Do You Prove Negligence?
You do not need to prove negligence in these cases as it’s established that the defendant already disregarded the duty of care. However, you will need to prove that they did violate the statute and that the law was implemented to protect the safety of others. Similarly, the injured party must be able to prove that they were of a protected class. In this instance, this refers to a person who the statute is intended to protect. For example, if a truck driver is texting and driving and injures another driver, they are considered a protected class as this the anti-texting and driving statute was put in place to prevent other drivers from sustaining injuries.
It’s important to note that, generally, these cases are not intended to prove whether or not the action of the defendant injured you. However, they determine how much compensation you can receive for the injuries you sustained.
Unfortunately, this is a complicated process. However, enlisting the help of a seasoned lawyer can help you navigate these charges. At the Wilton Law Firm, we understand how complex these cases can be. Luckily, we have the experience necessary to help you navigate these charges. Contact our legal team to discuss the details of your case with one of our experienced attorneys.
