Call Us Now
202-463-3030
Schedule a Free Consultation
Negligence is the legal foundation of most personal injury claims in Washington, DC. When someone fails to act with reasonable care and that failure causes harm, the law allows injured people to seek compensation for medical expenses, lost income, and other losses. To move forward with a claim, you must generally show that another party owed you a duty of care, breached that duty, and caused measurable injuries.
Negligence claims arise in many situations, including car crashes, pedestrian and bicycle accidents, unsafe property conditions, medical mistakes, and defective products. While the facts of each case are different, the legal principles used to evaluate negligence remain consistent.
The lawyers at Regan Zambri Long help injured people throughout Washington, DC understand how negligence is proven and what evidence matters most. Rules about fault and partial responsibility follow separate legal standards and are addressed independently.
Complete this form and our team will get back to you as soon as possible
Although every personal injury case is fact-specific, negligence claims are generally evaluated using the same four legal elements.
In limited situations, liability may exist even without proving negligence, under legal doctrines known as strict liability. These strict liability claims typically involve dog bites, abnormally dangerous activities, or dangerously defective products.
Generally, to establish a duty of care, you must prove a relationship with the at-fault party such that they owed a duty of care to the injured party. Some relationships require a duty of care, such as a doctor and patient or a business owner and a customer. Other times, determining whether a duty existed can be more complicated. These relationships might occur because the at-fault party created the risk of harm or the party knew or should have known that his or her conduct was reasonably likely to cause harm.
Once the duty of care is shown, the standard for a breach of duty is the “prudent person” rule. This test analyzes the at-fault party’s conduct and compares it with the action that a reasonable person would have taken. For example, if a reasonably prudent person would have slowed down while riding a bicycle near a group of pedestrians, but the at-fault party was distracted and hit and injured someone in the group, the party has breached his or her duty of care.
Establishing the duty of care can also be complicated, especially when the duty is specialized. In situations where the at-fault party is a professional, it may be necessary to use an expert witness to testify or provide background information about what the standard practice in the field is. For example, an expert witness might have to testify as to whether a medical action taken by a doctor was a common procedure in the medical field.
When the elements of negligence are established, an injured person may be entitled to compensation for the harm caused by another party’s conduct. Recoverable losses often include medical expenses, lost income, reduced earning capacity, pain and suffering, emotional distress, and other related damages.
Whether these losses are recoverable, and to what extent, depends on the legal standards that apply to fault and responsibility in your jurisdiction. Those rules are addressed separately and can significantly affect the outcome of a claim.
If you’ve been in an accident and are contemplating pursuing a personal injury action, you should consider consulting with an experienced lawyer. The legal knowledge and experience that a good lawyer can bring to your case will support the success of your personal injury claim.
Having experienced legal guidance is especially important in serious personal injury cases, where the outcome often depends on how negligence is proven and how evidence is presented. Call today to schedule a consultation. A lawyer from Regan Zambri Long will discuss your claim, explain how negligence is evaluated, and outline what evidence may matter most.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.