Can I Sue for Negligence?

Posted on September 15, 2023 in Personal Injury

When accidents occur due to someone’s carelessness or failure to act reasonably, it can cause undue harm to others and may lead to legal scrutiny. But what exactly does negligence mean, and when does it provide a legitimate ground to sue?

Understanding the basics of negligence helps you know whether you might have grounds for an injury claim. If you have any questions about your specific case, talk to a personal injury lawyer in Phoenix to better understand your next steps, including whether you have the right to sue for negligence.

Understanding Negligence

Before diving into the different types of negligence and the process of filing a lawsuit, it’s crucial to comprehend the elements that define this term. Negligence is not just about careless action. It involves certain aspects you must demonstrate for a successful legal claim.

Can I Sue for Negligence

An Explanation of the Concept of Duty of Care

Duty of care refers to the responsibility one party has to avoid causing harm to another. In a legal context, a person must act with the same level of caution that a reasonable person would exercise under similar circumstances.

Whether a duty of care applies depends on the relationship between the parties. While a property owner might have a duty of care to anyone who enters the property legally, he might not have the same duty to a trespasser, for example.

Details of Breach of Duty

Breach of duty arises when a person fails to fulfill their duty of care, leading to injury or harm. Establishing a breach of duty involves proving that a reasonable individual would act differently under the same or similar circumstances.

In a car accident case involving a distracted driver, for example, a reasonable person would not engage in dangerous behaviors behind the wheel that could prevent them from noticing what was happening on the road around them.

Explanation of Cause in Fact

Cause in fact refers to the direct link between the defendant’s action—or lack thereof—and the harm the plaintiff incurred. The plaintiff must demonstrate that the defendant’s negligence caused their injuries. By working with a lawyer, you can better establish factual cause and show the likely source of your injuries.


To file an injury claim, you must show that you suffered damages due to the incident. Significant negligence alone does not establish that you suffered damages related to the incident.

You may claim damages relating to medical bills, income losses, or property damage. You may also have the right to claim compensation for non-financial losses, such as pain and suffering. To file a claim, however, you must clearly demonstrate those losses.

Types of Negligence

Navigating the realm of negligence can sometimes feel like traversing a maze. Negligence may fall into one of four key types.

Gross Negligence

Gross negligence is a severe form of negligence involving an extreme disregard for the safety of others. It is when the negligent party acted so recklessly that it’s evident that they knew their actions could potentially pose a risk to others but disregarded that possibility.

A classic example of this is drunk driving, where the offender knows the potential dangers but chooses to ignore them and get behind the wheel anyway.

Comparative Negligence

Comparative negligence comes into play when the plaintiff acted negligently and contributed to their injury. Both parties often share responsibility for the mishap according to their level of negligence.

Comparative negligence often factors into car accident cases where both drivers contributed to the accident. If you have a case involving comparative negligence, you may need to work closely with a lawyer to effectively establish the other party’s liability and negligence, which can increase the compensation you can recover for those damages.

Contributory Negligence

Contributory negligence is another form of shared fault. Differs from comparative negligence in its all-or-nothing approach.

In jurisdictions where contributory negligence applies, plaintiffs who are even slightly at fault may not recover any compensation. A lawyer can establish the other party’s negligent actions and demonstrate why you deserve compensation.

Vicarious Negligence

Vicarious negligence, or vicarious liability, is a concept where one party is accountable for the negligence of another party because of their relationship. This often applies in employer-employee relationships where you can hold the employer responsible for the employee’s negligent acts during their work.

You might slip and fall because an employee of a business you visit failed to clean up a spill in a timely manner, for example. You can pursue compensation from the company, even though the business may have clear policies regarding spill cleanup.

Recognizing the various forms of negligence helps you understand your case and the potential legal avenues you can explore. Always call a lawyer to get a comprehensive understanding of the type of negligence applicable to your situation.

Understanding the Legal Requirements for a Negligence Claim

Filing a negligence lawsuit requires more than understanding the different types of negligence. You may need to work closely with a lawyer to establish all the elements of negligence.

It typically requires you to prove the four key components of a negligence claim.

  1. Duty of care: You must prove that the defendant owed you a certain degree of care and responsibility. This often depends on your relationship with the defendant.
  2. Breach of duty: You need to show the court that the defendant failed to meet the expected standards of care, thus breaching the duty of care.
  3. Causation: This requires you to demonstrate that the defendant’s breach of duty directly caused the harm or injury you suffered.
  4. Damages: You must also prove that you suffered actual damages due to the defendant’s negligence. These could be financial, physical, or emotional.

If you fail to establish these four elements, you may struggle to proceed with any personal injury claim.

Each of the four elements carries equal importance, and a negligence claim is only successful when there is proof of all four.

Negligence cannot exist without a duty of care and breach of duty. Without causation, negligence is irrelevant. Without damage, negligence is inconsequential.

An attorney can determine what you require to demonstrate that you suffered injuries due to another party’s negligence, allowing you to seek the compensation you deserve.


Examples of Negligence Cases

Negligence can occur in many cases, including automotive accidents and medical malpractice. After suffering an injury resulting from negligence, contact an attorney to learn more about your right to compensation.

Medical Negligence

Medical malpractice, which is also medical negligence, occurs when a healthcare professional breaches their duty of care to a patient, resulting in harm or injury.

Medical negligence can include misdiagnosis, improper treatment, or surgical errors. To establish medical negligence, your lawyer may work with you to show what another care provider might do under similar circumstances or how the standard of care deviates from the care you experienced.

Medical negligence often has long-term consequences and may prevent victims from living fulfilling lives.

Negligence in Product Liability

Product manufacturers must ensure that their products are safe for consumers. If a manufactured product causes injury or harm due to inadequate warnings or defects, the manufacturer may be liable for negligence.

Product liability claims could include a product that fails to hold up under regular use resulting in an injury to the user, or an unsafe battery compartment that causes the item to catch on fire randomly.

Product liability claims can arise due to an error in design or manufacturing or a mistake during the distribution process.

Negligence in Car Accidents

Negligence plays a significant role in many car accidents. If a driver fails to adhere to traffic rules or to maintain their vehicle properly and it leads to an accident, that driver may be liable due to their negligence.

Car accident negligence can include distracted driving, tailgating, or aggressive driving.

In many car accident cases, the victim will need to work closely with an attorney to establish the other party’s negligence, as car accident claims often involve complications. It may also prove challenging to collect the necessary evidence, especially in cases where the liable party does not admit their negligent act caused the accident.

The Process of Suing for Negligence

Suing for negligence involves several vital steps.

Collecting Evidence

Your lawyer will need to initially gather all evidence relating to the incident, including medical reports, photographs, and witness statements.

Working With a Lawyer

The role of a lawyer in a negligence lawsuit is to provide you with information about your rights and guide you through the legal process. They will gather evidence, formulate your legal argument, and negotiate with insurance companies.


Once the insurance company looks at your claim, you must go through the negotiation process to establish the compensation you can recover for the damages sustained due to your injuries. A lawyer can allow you to avoid any challenges the insurance company may throw in your way, including low settlement offers.

Taking Your Claim to Court

The court process typically involves filing a complaint, a discovery phase, pre-trial negotiations, and potentially a trial if no settlement occurs. During a trial, a lawyer can prove essential in laying out the damages you sustained and proving the other party’s negligent party actions caused your injuries.

Possible Outcomes of a Negligence Lawsuit

The outcome of a negligence lawsuit can vary significantly depending on the specific circumstances of your case.

Damages You Can Recover

Potential damages depend on the severity of your injury and its bearing on your life. You could receive compensation for medical bills, loss of income, and pain and suffering. Talk to your lawyer about how your injuries influenced your life and how you can include them in your claim.


Settlements are often desirable as they can be faster and less costly than going to trial. You should always talk to your attorney to determine the best course of action, however.

Robert W. Boatman - Experienced Lawyer for Pedestrian Accident Cases near Phoenix, AZ area

Robert W. Boatman, Negligence Attorney in Phoenix

Court Verdicts

Court verdicts can vary significantly. A court may find in favor of the plaintiff if they successfully prove negligence, awarding them compensation for their injuries. In other cases, the court’s decision might support the defendant if they deem that they did not cause the accident or that the plaintiff does not have the right to pursue compensation for some of the damages they seek.

Contact an Attorney to Move Forward With a Negligence-Related Claim

Understanding the concept of negligence is crucial if you suspect you may have grounds for a legal claim. An experienced attorney can guide you through the process to hold the negligent party accountable.

If you suffered injuries due to the negligence of another party, connect with an attorney as soon as possible to discuss your right to compensation.