Personal injury cases are not uncommon in Wyoming. If you incurred an injury as a result of a negligent act done by someone else, you may be able to pursue a personal injury lawsuit against the party responsible.
One of the most important things to understand about personal injury lawsuits is negligence. The concept of negligence plays a crucial role in determining fault and liability in a personal injury case. This article will delve into What Is Negligence In Wyoming Personal Injury Law.
Table of Contents
Negligence Definition
Negligence is the failure to exercise proper care when performing an action that could potentially harm someone. A person may be held liable for negligence if they fail to adhere to the duty of care, which is the standard of care a reasonable person would use under similar circumstances.
In personal injury cases, the plaintiff must prove that the defendant acted negligently, causing the injury to occur. Negligence is a crucial element in determining fault and liability.
Elements of Negligence
The following elements must be present in order to establish negligence in a personal injury lawsuit:
Duty of Care
The first element of negligence is the duty of care. This refers to the legal obligation of an individual or entity to exercise reasonable care in their actions that could potentially harm others.
Breach of Duty of Care
An individual or entity is said to have breached their duty of care if they fail to act in a way that a reasonable person would under similar circumstances. This breach is a crucial factor in determining negligence.
Causation
Causation refers to the direct cause-and-effect relationship between a defendant’s breach of duty and the plaintiff’s resulting injury.
Damages
The plaintiff must have suffered damages as a result of the defendant’s breach of duty. These damages can include physical injuries, mental distress, loss of income, and others.
Proving Negligence in Wyoming
In Wyoming, a plaintiff must be able to prove the following to establish negligence:
Duty of Care
The plaintiff must show that the defendant owed a duty of care to them. For example, if the defendant was driving a vehicle, they had a duty of care to drive safely and avoid causing harm to others on the road.
Breach of Duty of Care
The plaintiff must show that the defendant breached their duty of care. For example, if the defendant was texting while driving and caused a car accident, they breached their duty of care to drive safely.
Causation
The plaintiff must show that the defendant’s breach of duty caused their injuries. For example, if the plaintiff suffered from whiplash after a car accident caused by the defendant’s texting and driving, the plaintiff must show that the whiplash was a direct result of the accident.
Damages
The plaintiff must show that they suffered damages as a result of the defendant’s breach of duty. This can include medical expenses, lost wages, and pain and suffering.
Comparative Negligence
Wyoming follows a modified comparative negligence law. This means that if the plaintiff is found to be partly at fault for the accident, their compensation may be reduced by the percentage of their fault.
For example, if the plaintiff suffered $10,000 in damages but was found to be 20% at fault for the accident, their compensation would be reduced by $2,000 (20% of $10,000) to $8,000.
Conclusion
Negligence is a crucial concept in personal injury law. If you have suffered an injury as a result of someone else’s negligence, you may be able to pursue a personal injury lawsuit against them. It is important to understand the elements of negligence and the process of proving negligence in Wyoming to effectively build your case. Consulting with a personal injury attorney can help ensure that you have the best chance at recovering compensation for your damages.