Is Negligence a Tort? What It Means for Your Personal Injury Claim
If you’ve been hurt in an accident, you may hear the term “negligence” when you call your insurance company or speak to a personal injury attorney and wonder what it means. Negligence has occurred when someone does not act with reasonable care and that lack of care causes another person to get hurt. The concept of reasonable care is often explained in terms of what an ordinary, sensible person would do in similar circumstances. For example, when a driver runs a red light or a shop owner fails to put up a wet floor sign when they knew there was liquid on the ground, they are not behaving how an ordinary, sensible person would have behaved in those circumstances.
Another term that you may hear is tort law. What is a tort? In simple terms, a tort is a civil wrong that causes harm or loss to someone, for which the injured party can seek compensation through a lawsuit. But, is negligence a tort?
Is Negligence a Tort?
Yes, negligence is a tort and most contemporary law actions involving torts (personal injury claims) are based on the tort of negligence.
Before a defendant can be held liable for a negligent act or omission, the plaintiff must prove by the preponderance (greater weight) of the evidence each of the following four basic elements:
- Duty of Care. The defendant must have owed a duty to act in a way that did not expose the plaintiff to an unreasonable risk. For example, all drivers owe a duty of care to their passengers, as well as to pedestrians and other drivers on the road.
- Breach of Duty (Negligence). The defendant must have breached their duty through a negligent act or omission by failing to behave in a way that a reasonable person would have under similar circumstances.
- Causation. There must be a causal connection (both actual and proximate cause) between the defendant’s negligent behavior and the plaintiff’s loss/injuries.
- Damages. The defendant’s negligent act or omission must result in injury or loss to the plaintiff.
How Negligence Can Affect Compensation
Negligence directly affects whether the injured party can recover compensation and how much they may receive. This is because to obtain damages in a personal injury claim, the injured party must prove that another party’s negligence caused their injuries. If duty, breach, causation, and damages cannot be established, compensation may be denied.
And even when negligence is proven, the amount the plaintiff is eligible to recover can be reduced if they are partially at fault. Under comparative fault rules followed by Washington State, the plaintiff’s total award is lowered by their percentage of responsibility. Insurance companies often argue shared fault to minimize payouts, which is why it’s so important to work with an experienced personal injury lawyer who can build a strong case and negotiate on your behalf.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
