When you sue for personal injury, you want to show that the defendant was negligent. They did something knowing that it could put others, like you, in danger, and they should be held liable for your damages as a result. One thing that can be particularly helpful in a case like this is if the person you sue is clearly guilty of “negligence per se.” This differs a bit from traditional negligence, and a Nueces County, Texas personal injury lawyer from our firm can tell you how.
What Are Some Examples of Negligence Per Se?
When we normally talk about negligence, we are talking about actions that a reasonable person should understand the danger of. Not locking the gate to your pool when the neighbors next door have a toddler or letting a big and excitable dog run around without a leash on may not be against a specific law in some places, but we can all figure out how such actions could be seen as negligent.
Negligence per se is a bit different. If someone is guilty of this, they did violate a particular statute or rule. In the eyes of the law, they have already been considered negligent. A good example of this would be most traffic violations, like speeding or using a phone while driving. There’s a law against the behavior because it can cause harm, and the defendant has obviously broken the law.
How Can Negligence Per Se Affect My Case?
When a defendant is already negligent in the eyes of the law, that can make it easier to argue your case. Normally, the burden of proof would be on you to show that the other party was negligent and that this led to the accident and your injuries. When negligence per se is obvious, you just have to show a connection between the other party’s negligence and your resulting damages.
So if a drunk driver hits you and puts you in the hospital, you don’t have to show how they were negligent. They broke the law and the negligence per se is obvious to everyone. From here, it should be rather easy to show how this driver’s actions harmed you and caused you to suffer damages.
Do I Need a Lawyer to Sue for Damages?
You are not required to hire a lawyer when suing for damages, but having one on your side can be helpful. An attorney can:
- Help you gather evidence
- Speak on your behalf and negotiate with insurers
- Calculate fair compensation
- Remind you of important dates and deadlines
- Prepare you for testimony and depositions
Ask About Our Free Case Consultations
When you are ready to explore your legal options, contact Sahadi Legal Group. We are ready to help you pursue compensation and hold any negligent parties accountable for the harm that they have caused. So schedule that free initial case consultation today.
