Our complicated modern world is able to function based on an expectation that individuals and businesses will behave in a reasonable matter. When individuals and business interests fail to exercise the degree of care and caution that is expected and cause injuries or property damage, a legal action for negligence may arise. In such claims, an injured person must prove that a negligent party’s action or lack of action was beyond what a reasonable person in the same position would have done.
In general negligence lawsuits, an injured party must prove that an injury or damages were caused when the defendant’s actions or inactions violated a duty to the plaintiff, and that the injury or damages were a foreseeable consequence of those actions. For example, a truck driver or motorist has a duty to other motorists on the road to follow laws and drive responsibly. The driver would violate that duty by running a red light or driving recklessly, and it would be foreseeable that a crash could result from such actions. If a motorist were injured in such a crash, the driver would be liable for the negligent actions that caused the wreck.
Other scenarios involving negligence include:
An injured person is eligible to receive compensation for injuries and property damage if the damages were caused by negligence. Compensation can be awarded for the injury but also for property, pain and suffering and loss of income.
Gross negligence occurs when a party’s actions or inactions are so egregious that it demonstrates a substantial lack of concern for whether an injury will result. The negligence lawyers at Farrar & Ball have experience proving gross negligence and obtaining punitive damages beyond compensation for medical bills, loss of income, pain and suffering and other damages. Such punitive or exemplary damages are meant to punish the responsible party for their grossly negligent behavior and to set an example. Our trial team knows from experience that punitive damages for gross negligence are sometimes the only way to get the attention of negligent corporate interests.
To learn more about our experience with negligence lawsuits, contact Farrar & Ball.