Kirk Bernard

There is a basic premise to every type of personal injury claim: someone sustains injury to person or property because of the negligence of another person or entity. In order to establish the existence of a personal injury claim, the injured party bears the burden of proof. This means that the injured party or a representative, usually a personal injury attorney, must establish three elements to prove beyond a reasonable doubt that a negligent party should be held accountable for injuries and damages.

1. Standard of Care or Negligence
   A general definition of negligence in the legal community is a civil wrong whereby a person or entity owes a legal duty of care to another and fails to exercise the degree of care considered reasonable under the circumstances, resulting in loss or injury to another party. Here are a few common examples of negligence in personal injury claims:
• Automobile Accidents: A person operating a motor vehicle runs a red light and broadsides another vehicle or hits a pedestrian in the crosswalk. Under the law, a red light signals that the vehicles facing the red light have a legal obligation to stop until the signal turns green. Failing to stop at a red light shows a failure to exercise a legal duty. The person running the red light, therefore, is negligent.

• Premise Liability or Slip and Falls: An employee mopping the floor in a grocery store inadvertently leaves a puddle of water on the floor and does not put up a sign warning customers of the wet area. An elderly shopper slips in the water and falls, breaking a hip. The store, and its employees as agents, knew or should have known that someone could slip in the puddle and fall. The store breached its legal duty to its patron by failing to mop up the puddle of water and to warn the patrons of the slippery condition of the floor. The store, and its employees as agents, are negligent.

• Professional Liability: Most professional persons are held to a higher standard of care because others rely on their expertise. Those exposed to professional liability include, but are not limited to, medical and legal professionals. Medical malpractice occurs when a medical professional fails to perform to a standard of care expected within that profession. This means that when an omission or error on the part of the medical professional causes injury to a patient, the medical professional is negligent.

2. Causation
   Causation is established by showing that the negligence or breach in standard of care or legal duty by another person directly caused the harm suffered by the injured person. The common link is shown by using the examples above:
• Automobile Accidents: If the driver had not run a red light, causing an automobile accident, the injured party would not have sustained the injuries.

• Premises Liability: If the store clerk had mopped up the puddle and placed a sign notifying patrons of the wet floor, the store would have upheld its legal duty. However, that was not done and a patron did not notice the puddle or wet floor and fell. The fall was caused by the negligence of the store and its employees.

• Professional Liability: A patient reports symptoms to his or her doctor indicative of appendicitis. The doctor fails to consider appendicitis, the appendix ruptured and the patient dies. The doctor’s misdiagnosis caused the death of the patient.

3. Damages
   An injured party is entitled to compensation for all damages directly caused by the negligence of another person or entity. This can include past, present and future injuries, such as physical injuries, psychological and/or emotional injury, pain and suffering, permanent disability, lost wages, permanent impairment of earning capacity, medical costs, out-of-pocket expenses, and more. One cannot turn back the clock and prevent the circumstances from which the damage was incurred so compensation is translated into dollar amounts.

While these three elements are the general foundation of a personal injury claim and the examples used herein might appear to be clear-cut, it is rarely straight forward. Federal and state legislation and the intricacies of insurance policies must also be considered. Therefore, it may be in the best interests of an injured person in Washington to seek the advice of a Seattle personal injury lawyer like Kirk Bernard at the Bernard Law Group. A personal injury attorney will be able to guide an injured party through the legal process to ensure that maximum compensation is awarded under the law. Contact the Bernard Law Group today for a free case consultation.