In personal injury law, “reasonable person” means someone who:
- Acts with necessary caution
- Does not put others at risk of harm
- Acts as an “ordinary” person would in the same circumstances, according to the American Bar Association (ABA)
The determination of a reasonable person is unique to each case.
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Defining a Reasonable Person for Different Case Types
These are some of the criteria for “reasonable person” in various personal injury case types.
Motor Vehicle Accidents
All motorists have a duty of care that compels them to act reasonably. A driver is generally acting in a reasonable manner if:
- They abide by the speed limit
- They respond appropriately to traffic signals (including stop signs and red lights)
- They maintain their lane
- They use turn signals and other indicators
- They maintain a safe distance from other vehicles
- They remain alert and focused on the road
- They are not intoxicated
A reasonable person operates a motor vehicle with care at all times.
Workplace and Premises Accidents
Employers and business owners must act reasonably to protect:
- The general public
These parties must identify and remove hazards. Putting others at risk of harm generally qualifies as unreasonable behavior. An employer can protect their employees by:
- Providing adequate safety equipment
- Providing thorough training
- Updating training protocols as necessary
- Emphasize safe working practices
- Employ someone dedicated solely to safety
Those who own premises must protect visitors on the property. They may install proper light, surveillance cameras, handrails, and other safety-promoting equipment. They must keep the property in a safe condition and remove all apparent safety hazards.
Medical Malpractice Cases
Medical professionals have a high standard of care. Medical errors, use of unsafe equipment, misdiagnosis, and delayed diagnosis are all forms of medical malpractice. Making these errors generally means that the at-fault party was “unreasonable.”
What “reasonable person” means varies in each personal injury case. A personal injury lawyer from our team can explain what it means for your case.
Can Someone’s Unreasonable Acts Result in Compensation for You?
Someone’s unreasonable actions (or failures to act) can result in compensation for you. Unreasonable actions are also known as negligence.
The Legal Information Institute (LII) states that negligence increases the “likelihood that the person’s conduct will result in harm.” When harm happens, you may seek compensation for your damages.
We will determine whether someone owes you compensation by:
- Determining if they owed you a duty of care
- Determining if they breached their duty of care
- Showing that the breach of duty caused a harmful incident
- Linking the harmful incident and your losses
This is the general test for negligence.
What Types of Compensation Can You Receive?
Personal injury cases may provide similar types of coverage. There are two primary sources of loss in these cases, which are:
- Loss of life
In cases involving injuries, covered losses may include:
- Ambulance transport
- Emergency department care
- Pain and suffering
- Lost income
- Lost productivity
- Lost earning power
- Rehabilitation costs
- Medication costs
Victims experience different losses, so we will evaluate your case individually. Wrongful death cases may provide similar coverages. In addition to those listed above, wrongful death settlements and judgments may cover:
- Funeral expenses
- Loss of companionship
- Loss of parental guidance
- Loss of financial support
Our firm will identify every recoverable loss for your case.
Why Hire One of Our Lawyers for a Personal Injury Case?
By hiring a lawyer from our firm, you:
- Absolve yourself of legal responsibilities
- Avoid headaches and stress from your case
- Free yourself to focus on recovery
- Receive the help of a trained, experienced attorney
These benefits may be especially valuable for injured and grieving parties.
What Our Firm Does for Victims of Personal iInjury
When handling your case, we will:
- Establish liability
- Calculate your target settlement value
- Gather evidence of the defendant’s wrongdoing
- Obtain documentation of your losses
- Deal with lawyers and insurers
- Pursue a settlement
Our firm completes trials when necessary. We pursue maximum compensation, going the extra mile for fair awards.
How Much Does it Cost to Hire One of Our Lawyers?
Our firm receives a portion of your settlement or judgment. You do not pay us anything out of your own pocket. You pay only if we win. Therefore, you do not pay for legal services unless they produce compensation for you.
We hire experts, conduct investigations, and handle every step of your case at no additional cost. We shield you from the legal process but provide regular case updates.
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Call the Law Offices of Anidjar & Levine Today
Do not wait to call our team. Florida Statutes §95.11(3)(a) generally allows you four years to file a personal injury lawsuit. There may be exceptions to this rule, but you should call as soon as possible.
You worry about getting better. We take care of everything else. Call the Law Offices of Anidjar & Levine today for your free consultation.