If you have ever been involved in a personal injury case, then you know how important reasonability is for you to achieve favorable results. Reasonability, particularly in a negligence action, can mean a victory or a loss for your case. When you have a personal injury action, the standard of care is based on a reasonable person standard. But what is the “reasonable person” standard and how can it affect your case? If you or a loved one have been injured in an accident, it is in your best interest to contact an experienced Spokane personal injury attorney so that we can help you strategize about the best possible outcomes for your case.
The Reasonable Person and How it Affects Your Case
When you have a personal injury case, particularly a case in which negligence is a claim, the reasonable person standard will be used. Negligence is the act or failure to act in such a way that causes another person injury based on a particular standard of care that was due in the particular situation. This standard of care is based on the reasonable person. A reasonable person is considered a person who is reasonably careful based on the totality of the circumstances. A reasonable person is based on the degree of care, forethought, or diligence that should be exercised in certain situations.
To understand this concept better, consider these examples:
- A reasonable person would stop at a stop sign;
- A reasonable person would not shout “fire” in crowded theater unless there was an actual fire; or
- A reasonable person would keep a dog on a leash when in public.
The reasonable person is standard is of the utmost importance in a case because in most personal injury cases, your success depends on whether you can persuade or prove to a jury or judge that the defendant in your case did not act like a reasonable person would have acted under the circumstances. Though the reasonable person standard can seem straightforward, it can also be quite difficult to prove depending on your circumstances. Because of that, it is in your best interest to seek legal advice and/or representation if you have been involved in a personal injury action.
Need Legal Advice?
Personal injury cases require evidence, sometimes witnesses, but especially reasonability. With all of these complex elements, your best chances for success rely on the help of an experienced personal injury attorney. If you or a loved one have been injured in an accident, contact an experienced personal injury attorney to help you with your case. Contact the West Law Office online or call at 509-993-0748 today.
(image courtesy of Adrain Williams)