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 (833) 254-2923 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.
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.
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 (833) 254-2923 or online to discuss your case’s specifics and discover your options for legal recourse. Having the assistance of an experienced 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.
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Frequently Asked Questions
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
Do You Have a Personal Injury Case?
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Georgia's Personal Injury & Accident Firm
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process.
Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today.
We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
Speak to an Experienced Personal Injury Attorney Today
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.