Frequently Asked Questions

What Is Negligence, and How Does It Affect My Case?

Negligence in personal injury cases involves someone breaching their duty of care. By acting negligently, a person causes harm or injury to another, resulting in measurable losses or damages. Attorneys representing plaintiffs look for evidence to prove negligence. 

Various parties could be held liable in these cases, such as:

  • Motorists: Car or truck drivers could be negligent behind the wheel. Doing so may cause an accident that harms passengers, pedestrians, or other motorists. 
  • Parts manufacturers: Defective equipment, such as auto parts, may make a manufacturer liable in a personal injury case, depending on the nature of the accident. 
  • Healthcare professionals: A healthcare provider’s negligence is questioned in a medical malpractice case. If they breach their duty of care, it could greatly affect a patient’s health and well-being.   
  • Property owners: In a premises liability claim, a property owner may be negligent for someone’s injury. It’s up to them to maintain a safe environment, so neglecting any hazardous conditions could raise legal concerns. 

It’s worth noting that a plaintiff’s actions could also be seen as negligent, making them partially at fault for their injury. For example, if two cars collide because one driver is under the influence but the other is texting while driving, it can impact the case’s outcome. Pennsylvania’s comparative negligence law prohibits someone from receiving compensation if they’re more than 50% at fault. 

How To Prove Negligence in Personal Injury Claims

Attorneys look for four key components when trying to prove negligence:

  • An established duty of care
  • A breach of duty
  • Causation
  • Damages

A duty of care means someone has a responsibility to keep others safe through their actions. Breaching that duty could involve an action that doesn’t fit the reasonable person standard. In other words, legal professionals must determine whether a reasonable person in the same situation would act as the defendant did. 

It’s possible for the breach of duty to cause a victim’s injuries. When it does, and the plaintiff experiences some type of loss, they may pursue legal action. 

While compensation is possible in these cases, it’s not a guaranteed outcome. Potential financial rewards could cover medical expenses, property damage, lost wages, and pain and suffering.

At Ostroff Godshall Injury and Accident Lawyers, we aim to prove negligence in personal injury claims. Give us a call at (484) 351-0350 to schedule a consultation with an experienced attorney.