The Difference Between Negligence and Human Error in Personal Injury Law

If you’ve been injured in an accident, you probably have many concerns. Not the least among them is how you’re going to pay for your bills. You may be wondering whether or not you have a legal case. And if you do, who is the responsible party for your accident. Personal injury law focuses on getting victims compensation for the negligence of others. 

Negligence vs. Human Error

In the practice of law, negligence and human error are closely related. “Human error” refers to an unintentional mistake that may or may not have caused harm to someone else. “Negligence,” on the other hand, implies that there was a legal duty of care, and the responsible party either intentionally or unintentionally breached that duty. Most personal injury lawyers favor the term negligence when discussing personal injury lawsuits. 

How to Establish Negligence in a Lawsuit

In order to establish grounds for a lawsuit, a personal injury lawyer must demonstrate that a party had a duty of care and because they failed in that duty, an injury occurred. In order to establish that duty of care, the attorney will examine the responsibilities that the defendant had at the time of the incident. For instance, in a medical malpractice case, the attorney has to show that the doctor failed in their responsibility to offer sound medical advice. With slip and fall cases, the plaintiff’s attorney must show that the owner or custodian of a property neglected their duty to maintain a safe facility. All drivers have the responsibility to operate their vehicles in a safe manner. 

What You Can Do to Demonstrate Negligence

In most personal injury cases, it’s going to be the responsibility of a professional attorney to demonstrate that negligence occurred, but if you’re the victim of someone else’s error, there may be things that you can do to help your case. Here are a few suggestions:

  • Take images and videos with your phone – If you’re able to, use your cellphone to document the scene in the moments after the accident. If it’s a car accident, make sure to capture the street, the vehicles, and the damage. If you’ve been injured in a slip and fall, take a picture of the floor, the foot traffic, and any substances that may have contributed to your injuries. 
  • Get Witness Information – Bystanders are often reluctant to get involved. If the police are coming, try to get them to stay. Otherwise, ask for their contact information. Ask them not to delete photos or videos. Or have them forward them to you. 
  • Ask for the Owner or Manager – In many cases, the owner of the property or their insurer will ultimately be responsible. Find out who that is.
  • Collect Insurance Information

Why You Need an Attorney

Companies and insurers dedicate tremendous resources trying to minimize or deny claims. By retaining the services of a competent and skilled lawyer who handles your type of accident, you greatly improve your chances of receiving a recovery amount that covers your hospital bills, lost wages, and pain and suffering. Experienced injury attorneys offer free consultations and work on a contingency basis. That means that you don’t pay out of pocket. 

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Arushi Sana is the Co Founder of NYK Daily. She was a Forensic Data Analyst previously employed with EY (Ernst & Young). She aims to develop a global community of knowledge and journalism par excellence through this News Platform. Arushi holds a degree in Computer Science Engineering. She is also a Mentor for women suffering from Mental Health, and helps them in becoming published authors. Helping and educating people always came naturally to Arushi. She is a writer, political researcher, a social worker and a singer with a flair for languages. Travel and nature are the biggest spiritual getaways for her. She believes Yoga and communication can make the world a better place, and is optimistic of a bright yet mysterious future!

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