Personal Injury Claim Negligence -Answering All Your Doubts!

Duty, breach, and causation are needed to prove negligence in personal injury claims. The defendant has to have owed a duty of care to the claimant (the injured person), breached that obligation by failing to fulfill the standard of care, and caused the injury. Make sure to read more about it here.

Duty: When Does One Owe Another?

Kentucky recognizes universal care. This means everyone must act reasonably to avoid foreseeable injuries. Duty standards might change. A reasonable individual in the same circumstances is the level of care for the obligation. Special circumstances can affect duty standards. Doctors and children have different care requirements than the normal individual.

When has Somebody Breached their Duty?

When someone fails to avert foreseeable injury to someone they owe a duty, they have breached their responsibility. The defendant is not liable for unanticipated injuries. Common knowledge also predicts. Thus, if someone did not know something would cause harm but should have known and it was common knowledge, they might be held accountable for carelessness.

When does a Breach Create Injury?

A negligence action will only succeed if the defendant’s breach of duty caused the plaintiff’s injury. If the defendant’s actions contributed to the harm, they are a cause. The defendant’s obligation may be extinguished if another source of damage is so significant and unforeseeable. Thus, causality is only satisfied if no superseding cause exists.

Proving Kentucky Personal Injury Negligence

Duty, breach, causation, and damages are required to prove negligence in a Kentucky personal injury case. In Kentucky, the Plaintiff must establish each of these criteria by a majority of the evidence.

• Obligation: You must prove that the defendant had a legal obligation to avoid harming others. To avoid accidents, drivers must follow traffic laws.
• Breach of responsibility: You must prove that the defendant breached their responsibility to use reasonable care. Duty breach. For instance, a driver who runs a red light and causes an accident has violated their duty to drive safely.
• Causation: You must prove their negligence caused your injury. You must prove that the driver who ran the red light caused the accident that injured you.
• Damages: You must prove the defendant’s negligence caused you harm. Physical injuries, medical bills, lost pay, and pain and suffering are damages.

Contributory negligence is a defense in Kentucky. The defendant can claim the plaintiff was careless and caused the accident and injuries. The extent to which their fault caused the accident would reduce the plaintiff’s recovery.

Prove Negligence with a Personal Injury Lawyer

Kentucky’s personal injury laws are complex and vary by case, so it is crucial to contact an attorney.