Negligence is a critical concept in Arizona personal injury cases, but many people do not understand what it means. At the Silkman Law Firm, we believe it’s essential for our clients to understand the basic legal principles involved in their cases, including personal injury negligence. Today, we explain negligence personal injury claims so you can better understand your rights and what’s involved in your case.
What Is Negligence in Personal Injury Law?
In personal injury law, negligence occurs when someone fails to take reasonable care to avoid causing harm to others. Think of it as a situation where a person doesn’t do something that a careful person would do, or they do something that a careful person wouldn’t, leading to someone else getting hurt. For instance, a store owner has a responsibility to provide a safe premises for their customers. If a store owner leaves a spill on the floor without cleaning it up or warning customers, and someone slips and falls, that could be an example of the store owner’s negligence.
In most personal injury cases, proving negligence is critical. To prove negligence, the injured person must show that someone had a duty to act safely, didn’t follow through on that duty, and caused an injury because of it. This concept is fundamental because it helps determine who caused the injuries and should pay for the injured person’s losses.
Comparative Negligence in Arizona
Negligence laws vary across the United States, particularly when it comes to the idea of comparative negligence. Basically, the comparative negligence doctrine refers to situations where more than one party contributed to an accident and helps determine how much compensation (if any) the liable party or parties will pay. Comparative negligence laws are especially important in cases where the evidence shows the injured party contributed to their injuries.
Some states allow the injured party to recover compensation in these cases, but their compensation is reduced by their percentage of fault. Other states bar plaintiffs from recovering anything if they contributed to their injuries at all. Finally, some states use a hybrid where plaintiffs can recover compensation if their degree of fault is below a certain threshold. Arizona law uses a model called “pure comparative negligence,” which allows plaintiffs to recover compensation even if they contributed to their injuries, no matter their degree of fault.
Impact of Negligence on Your Injury Claim
Negligence is vital to your personal injury claim in two key ways. First, you have to show that someone else caused your injuries, or you can’t recover any compensation. Second, your own negligence can reduce the value of your claim if the other party can show that you contributed to your injuries. A knowledgeable personal injury attorney in Arizona can find evidence to show how someone else caused your injuries while minimizing your degree of negligence, helping you to recover maximum compensation.
Contact Our Phoenix Injury Lawyer to Learn More
Attorney Alex Silkman and the rest of the team at Silkman Law Firm Injury & Accident Lawyer understand Arizona’s negligence laws inside and out, and we’re fully prepared to protect your legal rights. We have experience with a broad range of cases, and our results demonstrate our skill and resolve. If you need a personal injury lawyer for hospital negligence, car accidents, truck crashes, defective product injuries, or any other type of claim, we’re ready to help. Call us today or complete our contact form for a free consultation.
