Every personal injury case, whether it takes place in Buffalo or elsewhere, hinges upon the concept of “negligence.” Simply put, negligence in a personal injury case occurs when someone is injured as a result of another party being careless. Usually a person may be considered to have been negligent if their actions fell below what would be expected of a reasonably prudent person under the same circumstances.
To prove negligence, an injured party must be able to prove that the party being sued had an obligation to act responsibly but did not fulfill that duty. Instead, he or she failed to conform to the standard of conduct that would be expected of a reasonably prudent person.
The injured party must also be able to prove that the failure of the party being sued to act as a reasonably prudent person was the cause of his or her injury. If the party being sued acted in a negligent manner but that negligence was not actually the cause of the other party’s injury, the injured party is not entitled to compensation for his or her injury.
If more than one party is found to have been negligent, for example, if the injured party is found to also have been engaging in an activity that put him or her at risk, it may impact the amount of compensation each party is responsible for providing, because responsibility for the damages may be divided among the parties based on the degree to which they were responsible for the injury.
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