When it comes to negligence law, you may see terms such as ‘reasonable care’ and ‘reasonable person.’ What is referred to as the reasonable person is a legal conceptual standard used to evaluate the actions of individuals whose behavior may have contributed to injuring another party.
The reasonable person standard is imperative as it pertains to damages and personal injury cases. Personal injury attorney, Ali Awad, ‘the CEO Lawyer,’ and his team of experienced attorneys are dedicated to empowering the public by providing free legal advice. Ali Awad began a small, local practice in 2016, and since then, the CEO Lawyer Personal Injury Firm has quickly grown into one of the fastest-growing law firms in the country. If you have a question regarding a personal injury claim or damages you have sustained due to a negligent party, contact the CEO Lawyer and his team of injury and accident attorneys at (470) 323-8779 or online to receive your free and confidential case evaluation.
If you are hoping to learn more regarding negligence law, find what you should know about the reasonable person standard concerning personal injury law below:
Reasonable Person Standard
When discussing personal injury law, also known as tort law, the reasonable person standard is considered the legal standard for lawful behavior. When analyzing a case, the conduct of each party is compared to what a reasonable person would do if faced with the same circumstances without this fictional “reasonable person” in question having foreknowledge of the events.
If a party’s behavior meets or exceeds a reasonable person’s behavior in the same scenario, their actions aren’t considered negligent. Yet, if the party’s conduct is considered below what a reasonable individual would do in the same situation, their activities are deemed negligent. The trier of fact, usually a jury, will consider what each party did to see if their conduct was as appropriate by using the reasonable person standard. If a person behaves negligently, they are subject to legal liability in the event that their negligent conduct contributed to another party’s injury, such as seen in medical malpractice cases, car accidents, and other accidents filed in tort law cases. It is to be noted that a minor is not held to the same reasonable person standard, nor are they expected to act as a reasonable, competent adult would in the same situation. Therefore, courts hold minors to a modified reasonable person standard.
The reasonable person test is not considered to be subjective. This standard gives a jury a uniform measure when evaluating each party’s behavior in a claim. Suppose it is found that a defendant behaved negligently and the behavior led to damages. In that case, the victim has the right to pursue compensation for their damages, both economic, non-economic, and in some instances, punitive. While a jury will be left to decide what is reasonable behavior in a particular circumstance, the jury will continually evaluate a party’s behavior based on the reasonable person standard. The objectively reasonable person standard is applied to what every citizen should do in a given situation.
Negligence Law
Regarding personal injury law, the basis for recovery is negligence. To receive compensation for your damages, negligent behavior must be attributed to the liable party. Evidence will be used to prove that an individual behaved negligently, and if the case goes to a trial involving a jury, the jury will decide who is at fault and to what degree.
In negligence law, every case is unique. However, in most jurisdictions, the reasonable person standard will determine what is and is not considered negligent behavior. As an injured victim, the burden will fall upon you to prove that a party owed a duty of care, behaved negligently and that you suffered damages due to that party’s negligence. Therefore, a critical component of your claim will be proving that a party’s actions did not meet or exceed the behavior of a reasonable person and therefore behaved negligently.
To show the court that the party behaved negligently, you must prove what the party’s actions were through evidence. Whether you have an attorney represent you, which is highly advisable, or choose to represent yourself, you will need to demonstrate that the actions of the respondent did not meet the standard of care of a reasonable person. Finally, you may argue your claim by combining factual evidence with legal argument that demonstrates how the opposing party behaved negligently. Collecting evidence and preparing a legal strategy is paramount to a successful case.
Additionally, in many cases, an insurance company will be more likely to settle and avoid going to trial if you have built a strong case. Having an experienced attorney familiar with negotiating with insurers, gathering evidence, and building a successful legal strategy is your best chance of obtaining the best possible outcome. In fact, studies show that, on average, clients who retained an attorney received three times as much financial compensation for the injuries as those who did not.
Negligence Lawyer
If you have become involved in an accident and have become injured from the negligent conduct of another party, you will need to demonstrate that the other party behaved negligently based on the reasonable person standard. A negligence lawyer may represent you and assist you in handling all aspects of your claim to help you to build the strongest case possible.
Attorney Ali Awad, ‘the CEO Lawyer,’ and his team of experienced negligence law attorneys are committed to empowering individuals and fighting to ensure that injured victims receive the just compensation that they deserve.
Contact the CEO Lawyer Personal Injury Law Firm at (470) 323-8779 or online to discuss your case’s specifics and discover your options for legal recourse. Having the assistance of an experienced atlanta negligence lawyer can help take some of the pressure off of your back and ensure that you can receive the best outcome possible to recover from your damages.
