Negligence vs. Incompetence in a Personal Injury Case
In a personal injury case, negligence and incompetence are different standards by which someone may be held liable for another person’s injuries. If someone is negligent, it means that they failed to live up to their duty of care. In the case of incompetence, a person did not have the necessary qualifications to perform the act that caused someone’s accident or injuries.
What is Negligence?
Negligence is the failure to behave with the level of care that someone would reasonably have exercised under the same circumstances. While negligent behavior usually consists of actions, it can also happen as a result of a defendant’s inaction when there is some duty to act.
Four Elements Required to Establish a Case of Negligence
When determining if someone was negligent, a personal injury lawyer will review your case for the following elements:
- The party responsible for your injuries did, in fact, owe you a duty of care.
- The other party’s action (or lack of action) constitutes a breach of this duty
- You must prove that you the other party’s actions are why you have your injuries.
- You should also be able to proof of your losses.
A good example of a case of negligence is a healthcare provider who prescribes an incorrect prescription for a patient. A patient can file a negligence claim against a healthcare provider if the patient suffers an injury-but only if the patient proves that the injury is a result of the healthcare provider’s breach of duty.
What is Incompetence?
Incompetence, on the other hand, is defined as a lack of legal ability or fitness to do something.
Examples of incompetence range from definitions of mental and emotional fitness to a lack of proper knowledge on the part of the person who had a duty to act in a setting or situation. For example, someone who can drive, but gets behind the wheel of a stick-shift car with no prior knowledge of driving stick-shift, could be judged as incompetent while driving that vehicle.
Now let’s say that this person who doesn’t know how to properly drive stick-shift lies on their resume and is hired by a delivery company. Any personal injury resulting from that worker’s incompetence could be used as a possible defense for the company if they face any claims in the future. This can play a role in a personal injury case because it can be used by negligent parties to avoid accountability due to the actions of an incompetent individual.
How Negligence and Incompetence Play a Role in Personal Injury Cases
Proving whether negligence or incompetence occurred are crucial to any personal injury case. If you suffered an injury in Las Vegas, then your legal representative would have to show a cause and effect that ties your injury to the negligence of another party in order to award you compensatory damages.
Personal injury cases fall under a wide umbrella of unfortunate incidents: car crashes, medical malpractice, building collapses-and more.
Whatever the injury, it’s important to be aware that the events leading up to your injury are invaluable in helping you build your case. Documenting the events that led to your injury will also make it easier to hold those who were negligent accountable.
Hiring a Las Vegas Personal Injury Lawyer
If you or someone you know has suffered from another party’s negligence or incompetence, then our Las Vegas personal injury lawyers may be able to help. The Las Vegas personal injury lawyers at De Castroverde Accident & Injury Lawyers know how to build up a personal injury case based on negligence.
Rather than having to prove that your injury is linked to someone’s negligence on your own, you can focus on your recovery while the De Castroverde Accident & Injury Lawyers seeks compensation on your behalf.
Our lawyers are no strangers to negligent parties who attempt to claim incompetence in order to not be held liable in a case. Our team will work around the clock to build a solid case with the evidence we’ve collected in order to think of all possible strategies the other party may use.
Call For a Free Consultation With Our Firm Today
De Castroverde Accident & Injury Lawyers work on a contingency fee basis. That means we don’t charge fees unless you receive compensation.
Whether you or a loved one have suffered a slip and fall, a surgical error, misdiagnosis, or another form of negligence-De Castroverde Accident & Injury Lawyers are ready to look over the facts of your case. Call our offices today at (702) 803-3849 to schedule a free consultation.