Liability in many Washington personal injury cases hinges on whether a party was or was not “negligent.” If a person was negligent in causing a specific accident, that party must both assume responsibility for the accident and compensate the injury victim for his/her losses. An important question, then, is what type of behavior constitutes negligence under Washington law? Let’s take a closer look.

How Does the Law Define “Negligence”?

Negligence is a legal term that essentially means a person failed to act reasonably under the circumstances. The term is important because if a person’s negligence causes an accident, the law considers the negligent party to be responsible or liable for the accident. Further, if a person was injured in the accident, negligent parties must compensate injury victims for their damages or losses.

Consider, for example, a grocery store owner who personally observes a patron drop and spill a container of water on the store’s floor. Rather than try to clean up the liquid, the owner turns his back and walks away. After a few minutes, another shopper slips on the pool of water and falls to the floor, breaking her wrist.

Here, the store and store owner could be liable for the shopper’s fall and any resulting injuries. This is because the owner was likely negligent. Although he saw a shopper spill water, he did nothing to clean it up or make the area safe for other shoppers. In essence, he acted unreasonably under the circumstances.

What are the Elements of a Negligence Claim?

Personal injury laws say that accident victims must often prove four elements in order to hold a party negligent for causing an accident. These elements include:

1. Duty – A defendant owed the injury victim a duty to either act or refrain from acting in a certain way.
2. Breach of Duty – The defendant acted contrary to his/her duty of care.
3. Causation – The defendant’s breach caused the accident victim’s injuries.
4. Damages – The victim suffered verifiable injuries because of the accident and these injuries are supportable by medical bills, medical records, and/or pain and suffering.

Depending on the facts of a case, a judge, jury, or insurance adjuster are often tasked with determining whether a victim can establish the above elements.

What Can a Party Seek in Terms of Compensation?

Negligent parties often cause accidents in which other people are injured. Injury victims can always try to turn to negligent parties to recover compensation for their injuries or specific losses. In most personal injury cases, accident victims can try to seek compensation for:

• Medical bills and medical expenses,
• Lost wages,
• Future lost earning capacity,
• Out-of-pocket expenses,
• Property damage, and
• Pain and suffering.

The specific amount of money that a victim may recover will depend upon the facts of his/her case and the extent of the injuries involved.

Contact Douglas P. Levinson Today

If you or a loved one was injured because of another person’s negligence, please know that the Law offices of Douglas P. Levinson is here to help. I have been helping injury victims and families receive fair compensation for their personal injury accidents for over 20 years. Let me help you make informed choices about your legal issues so that you can focus on your health and healing.

I am experienced in all aspects of civil disputes and injury claims, and I personally handle or oversee every aspect of your case. Let me shoulder your burden until we achieve a fair and just result for your case. Contact me now for the quality legal help you deserve.