Anyone who sustains an injury in an accident can claim a personal injury against the individual or organization responsible for the incident. Generally, the victim must prove that the defendant’s negligence caused the misfortune to be entitled to compensation. However, sometimes, the defendant’s act surpasses negligence and moves into the borders of recklessness.
This piece below will explain what recklessness entails in a personal injury claim.
Understanding Negligence in Personal Injury Claim
Many personal injury claims require you to demonstrate the following before recovering damages for your loss:
- The defendant had a responsibility to care
- The defendant was negligent and could not live up to that responsibility
- The defendant’s negligence led to the injury
- The victim sustained damages that the defendant can compensate them for due to the latter’s negligence
A victim proves negligence by demonstrating that the defendant’s actions or inactions were below the level of responsibility a reasonable individual would have shown in the same context. For instance, motorists have the responsibility to be careful while driving. A thoughtful driver will stop for a red light. Hence, not stopping at a traffic light is negligence; if the illegality leads to an accident, the victim will hold them responsible.
A victim does not have to prove a defendant intentionally failed to uphold their responsibility of care to prove negligence successfully. Also, you do not have to establish that the defendant was acting negligently to win your case. You only need to prove that a reasonable individual would behave better in that same situation.
What Recklessness Entails in Personal Injury Claim
Recklessness is more severe than negligence. Recklessness is when someone intentionally does a dangerous thing or willfully downplays the safety of other persons or property. It is also called wanton behavior, gross negligence, or willful act.
A defendant does not necessarily have to intend harm through their reckless act before classifying it as recklessness. However, recklessness is closer to willful misconduct than negligence. Conventionally, for an individual to be reckless, they must depict an intentional disregard for others or despicable indifference for their safety.
A reckless driver does not behave less cautiously than a reasonable person would have in the same scenario. They act more egregiously with an advanced level of danger. They do not care about the safety of others.
Anyone making a personal injury claim must show negligence; the law does not require you to show recklessness to win your argument. However, if you think the defendant’s behavior has leaped into recklessness, ensure you show evidence for this for a positive impact on your compensation.
Examples of Recklessness
Numerous attitudes can qualify for recklessness under the law, although this differs by state. Typical examples of reckless behavior include texting while driving, driving while drunk, and intentionally releasing a harmful product into the marketplace. Others include excessive over-speeding, like moving at 120 miles per hour and undergoing surgery without a license.
The Effect of Recklessness on Your Case
If an individual injures you, you must first establish whether the person behaved recklessly or not to know the right action. It is essential because, in certain circumstances, you may be entitled to more compensation if you can show recklessness in a personal injury matter.
If your case is based on negligence, you are entitled to payment for pain and suffering, lost earnings, emotional distress, and medical expenses. The availability of payment for these damages is to “make you whole” for the actual losses you suffered. However, if recklessness is involved, you may also be entitled to punitive damages, depending on the kind of personal injury claim you make and your state laws.
Apart from compensating you, the essence of punitive compensation is to punish the defendant for their wrongful and harmful actions and to deter such behavior in the future. Sometimes, they are worth a considerable amount. So, why should you miss this massive opportunity?
Why You Should Hire a Lawyer
“If a reckless person or company injures you, contact a personal injury lawyer to make a compensation claim. The attorney can help you gather additional evidence to prove the defendant was reckless,” says attorney Matthew Aulsbrook of Aulsbrook Car & Truck Wreck Lawyers.