Establishing the Standard of Care for Negligent Injuries
If you have been injured due to another person’s failure to exercise a reasonable duty of care, you may have suffered what is called a negligent injury. Negligent injuries can happen in a variety of contexts, and when they occur, the injured person may be able to bring a personal injury claim against the negligent party to seek compensation for their injuries, including medical expenses, lost wages and pain and suffering. To establish if an injury is negligent, it must meet the threshold of a reasonable standard of care.
What Is a Standard of Care?
The standard of care is the level of care, skill and diligence that a reasonable person in a similar position or profession would exercise under the same circumstances. The standard of care can vary depending on the situation, the profession or industry involved and the applicable laws and regulations of the region in question.
In legal cases involving negligence, the standard of care is often used to establish whether a defendant acted reasonably under the circumstances and whether their actions caused harm. In general, individuals who fall below the standard of care may be held liable for damages.
There are various contexts for standards of care, including the well-known medical malpractice. However, other industries, such as aviation and transportation, also have established standards of care that may allow you to demonstrate your injuries were caused by negligence.
Determining Negligence Requires an Expert
To establish a claim for a negligent injury, a plaintiff must be able to demonstrate that the defendant breached an expected duty of care, and by failing to exercise a standard of reasonable care, the breach of duty caused the plaintiff’s injuries.
Your lawyer will look to industry standards and regulations to establish the standard of care. These benchmarks identify what is considered reasonable conduct in a certain situation. Lawyers may refer to case law to determine establish standards of care in negligence cases based on past rulings and precedents. While establishing negligent injury is not a straightforward process, Conley Griggs Partin’s experienced lawyers can help determine if you have a valid claim. Contact our office today.
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