When you get hurt in an accident and want to show that someone else caused you harm, you have to prove that they were negligent. One way to show this is by proving “negligence per se” on the part of the defendant, but it’s important to note that this is not exactly the same as proving negligence. This may sound confusing, but you don’t have to worry. A Prince George’s County personal injury attorney is more than capable of explaining how both concepts can impact your personal injury case.
How Are Negligence and Negligence Per Se Different?
When we are talking about negligence, we are talking about the standards of a reasonable person. If a reasonable person were to consider certain behaviors or actions, like letting their aggressive dog run free in a dog park, they could come to the conclusion that those actions could cause harm.
When we discuss negligence per se, we are talking about a situation where someone commits a negligent act by violating a law or statute. A great example of this would be any kind of traffic violation. It’s illegal to speed or drive under the influence of alcohol because you could harm other people. If someone breaks these rules and causes an accident and injuries, then this is negligence per se. The plaintiff doesn’t have to prove negligence because the defendant is already negligent in the eyes of the law.
Does Proving Negligence Per Se Make it Easier to Win a Case?
Yes, because now the plaintiff’s task is simpler. Instead of spending all of this time showing how the other party’s actions were irresponsible, they just have to show a link between their damages and the negligence per se of the defendant.
What Kinds of Damages Can I Win in a Personal Injury Suit?
A fair compensation offer should address the financial costs of an accident along with the psychological trauma caused. Damages are often broken up into two categories:
Economic: These are meant to reimburse someone for the quantifiable costs of an accident, like lost wages and medical bills.
Non-economic: These can help with those things that are harder to calculate, like mental anguish, PTSD, or pain and suffering.
How Long Do I Have to Sue For Damages?
When you get hurt in an accident, you do not have an unlimited amount of time to take action. In Virginia, victims must take legal action within two years of the accident. Maryland and Washington, D.C. give people more time, three years to be exact. Try to sue after the statute of limitations expires and your case is likely to get thrown out no matter how much evidence you have or how obvious the negligence of the defendant is.
Schedule Your Case Consultation
If you were hurt in an accident and believe that you are owed compensation, we want to hear from you. Contact McCarthy, Winkelman & Mester, L.L.P. to schedule a free case consultation. There is no obligation, so take the chance to learn more about your legal options and what an experienced personal injury attorney can do to help you.
