What is Intentionally Negligent Personal Injury?

The concept of negligence as it applies to personal injury lawsuits is often the subject of much trial debate. To prove negligence and thus liability, the plaintiff's personal injury attorney must prove four major points.

Number one, the personal injury attorney must show that the plaintiff in the case had an obliged (either explicit or implicit) duty to take care of the dependent. Number two, the personal injury attorney must demonstrate that the defendant was remiss in his or her duty to that care. Number three, that breach of care in and of itself led to the injury currently under dispute in court. Number four, the resulting injury led to damages, such as lost wages,suffering, lost companionship, or medical expenses.

Intentional negligence is often looked on by the court as more punishable than accidental negligence. An example of accidental carelessness might be a driver who fails to turn on her fog lights when driving on a misty mountain road. An example of intentional negligence might be a landlord who fails to fix broken steps even after being repeatedly importuned to do so by his tenants.

When your personal injury attorney builds your four-point case for negligence, the defendant's personal injury attorney will likely attempt to put up roadblocks along the way. For instance, the defendant's personal injury attorney might question whether the incident in question led directly to injury.

In an accident-related whiplash case, for instance, the defendant's personal injury attorney might point out that the plaintiff suffered several back injuries well before the accident question took place or that the plaintiff already suffered from acute carpal tunnel syndrome brought on by inflammation of the myofascia in the back.

Your personal injury attorney may have to work hard to demonstrate the intent or lack thereof of the defendant to be negligent. In some cases, the situation is cut and dry.

In our aforementioned landlord example, for instance, tenants involved in a slip and fall accident relating to the derelict stairs would likely have dated letters to the landlord informing him of dangerous conditions. However, in cases such as “he said, she said” traffic accidents, plaintiffs have a more difficult time substantiating charges of intentional negligence.