In terms of personal injury cases, they are not one-size-fits-all, as each case comes with its own unique challenges and circumstances. Whether you’re hurt in a car accident or on the job, you may be entitled to financial compensation. Understanding what negligence per se is in legal terms is essential to getting the compensation you deserve for your injuries. If you’re involved in a personal injury case, understanding the status of your claim is vital. A Los Angeles, California personal injury lawyer can help you navigate your claim. The following blog explores this term and how it will affect your case.
What Is Negligence Per Se?
To fully comprehend negligence per se, it is essential to first understand what negligence is. Though these two terms are very similar, they differ immensely in the eyes of the law. Negligence is when an individual fails to act at a level of reasonable care to prevent others from sustaining injuries For example, a store owner must secure all mirrors to the wall. If they do not and the mirror falls and injures a patron, the store owner can be charged in a criminal injury case with negligence.
Negligence per se differs, as the defendant violated a statute that was enacted to protect the public from injury. For example, a driver going double the speed limit who injures another person would face negligence per se, as they were in direct violation of a law that was set in place to prevent these injuries from occurring.
Negligence per se cases differ from standard negligence proceedings, as the plaintiff does not have to prove the defendant breached a reasonable standard of care. Generally, these cases determine how much compensation a victim will receive from the negligent party.
How Is It Proven?
To establish negligence per se, you must prove that the injuries you sustained were a result of the accident, the other person violated a law, you were a member of the class the law intends to protect, and the law they violated was enacted to prevent injuries like the ones you sustained. In terms of the “protected class” element, this almost always refers to members of the general public.
Because the defendant already violated the duty of care by breaking the law, you do not need to prove simple negligence. Though it seems less complex than proving negligence, these cases can be challenging.
Can an Attorney Help?
If injured due to the negligence of another party, ensuring you contact LA Legal Solutions as soon as possible is essential to getting the justice you deserve. Our dedicated legal team takes pride in protecting the people of Los Angeles, helping them to receive the best possible outcome for the injury they’ve sustained through no fault of their own. Contact our offices today to learn more about how we can help.