Is it hard to prove negligence? How does this process work in a personal injury claim?

In order to be able to bring the personal injury claim in Arizona, you have to prove that the other party was negligent.

What exactly is “negligence“?

The law prescribes a legal standard for everyone, and this standard is always based upon the “reasonable person standard“. Stated more simply, negligence is doing something that you should not have done, or perhaps, not doing something that you should have done.

Always ask yourself:  In the situation that took place, what would a reasonable person have done?

A reasonable person would have kept their vehicle under control.

A reasonable person would not have been speeding.

A reasonable person would have been watching the traffic in front of them.

A reasonable person would not have run the red light.

A reasonable store owner would clean up a spill before anybody fell in it.

A reasonable store owner would either fix a dangerous condition or warn their customers of it so that no one gets hurt.

This is the standard by which negligent conduct is judged in Arizona and, if somebody violates the reasonable person standard and causes injury or harm to another, then the law will consider the actor to have been “negligent“, and responsible for the harm.

Is it difficult to prove?

Every case and every situation is different. Sometimes the argument is whether the reasonable person standard was violated, sometimes the argument is which party violated the reasonable person standard, and sometimes the fight is just about the nature and extent of the harm caused.

Questions?

Zachar Law Firm has been helping accident and injury victims in Arizona for 25 years. We are your Central Phoenix Personal Injury Lawyers. 

Call us today for a free initial consultation regarding your case. (602) 810-4023 or visit us online at https://www.zacharassociates.com/downtown-phoenix/