When you talk about a personal injury case, the concept of negligence is going to come up. If you want to show that you are owed compensation, you have to show that someone else was negligent and that this caused you harm. There’s a similar concept known as “negligence per se” that can also affect your case, but it’s important to know how these two concepts differ. Our Queens personal injury attorneys can help you with this.
When Can an Action Be Considered Negligence Per Se?
When you say someone is negligent, you are arguing that they behaved in a way that a reasonable person could expect to cause harm. If someone owns a store and does not make efforts to melt the ice near the entryway and clean up the resulting puddles and slipping hazards, it is reasonable to expect that someone could fall and get hurt. There may not be a specific law or rule broken, but the potential outcome should have been clear to anyone.
Negligence per se means that someone did violate a rule or statute though. Let’s take drunk driving as an example. It’s against the law, and the reason the law exists is to protect other people sharing the road with a drunk driver. If a drunk driver hits you and causes damages, that could be considered negligence per se because they broke the law and this law was meant to protect people like you.
Can Proving Negligence Per Se Make it Easier to Recover Damages?
It can. A big part of personal injury cases is showing that someone was negligent. If you have proof that someone violated a particular statute or law, that can make a big difference. Instead of having to spend time establishing negligence, you can just show how the defendant’s actions impacted you and caused the damages that you are suing for.
What Kinds of Compensation Can I Win in a Personal Injury Case?
Your compensation should address the economic and non-economic damages that the accident caused. A fair offer would help make up for things like:
- Medical expenses
- Lost wages
- Loss of earning potential
- Loss of enjoyment
- Pain from disability or disfigurement
- Mental anguish
- Property damages
Do I Need a Lawyer?
A lawyer can negotiate with the insurance company on your behalf. They can help you gather evidence and build the strongest case possible. You are not required to hire an attorney when pursuing damages after an accident, but you should seriously consider it. Navigating the legal system on your own isn’t easy and you don’t want to leave any potential compensation on the table.
Contact Our Law Firm
If you were harmed in some kind of accident and you believe that you are owed compensation, we want to hear from you. Contact the Law Offices of George Poulos and schedule a consultation with our team. We can tell you more about what our lawyers can do to help you sue for the damages you deserve.
