Muskogee Lawyer BlogPersonal Injury in Muskogee: The 411 On Negligence

personal injuryIf you have been injured by the fault of another, the person responsible may be required to reimburse you for your injuries, pain and suffering and financial losses. But in order to be eligible for compensation, you must prove negligence by the other party. The following article is an explanation of what is required to prove negligence in a Muskogee personal injury case.

Duty of Care

First, you must show that the defendant owed you a duty of care. In other words, the person had a duty, in the eyes of the law, to behave in a responsible manner as it concerns your safety or well-being. For example:

  • Motorists have a duty to drive in a reasonably careful manner.

  • Shop-owners have a duty to keep their stores reasonably safe for customers to visit.

  • Manufacturers have a legal responsibility to produce products that are safe to use.

  • Medical professionals have a duty to provide their patients with a reasonable standard of care.

Breach of Duty

Second, you must show that the responsible party breached this duty of care. This means that the party responsible for your injuries did not behave responsibly in regards to your safety or well-being. For example:

  • Driving too fast for road conditions is a breach of one’s duty to drive responsibly.

  • When a customer visits a store and subsequently slips and falls on a wet floor, the shop-owner may be in breach of his or her duty to keep the shop free of hazards.

  • When a consumer is injured by a defective product, the manufacturer may be in breach of its duty to make safe products.

  • When a medical patient has received below-standard treatment or is misdiagnosed, the medical professional(s) responsible may be in breach of his or her duty to provide the patient with a reasonable standard of care.


Third, you must prove that the responsible person’s breach of duty caused you injury. Basically, this means that you must show that you suffered injuries that were a direct or proximate result of the defendant’s actions. For instance:

  • If you were in a collision with a speeding motorist, his or her speeding may be the cause of your accident and, thus, your injuries.

  • If you slip and break your hip on a wet spot in your neighborhood grocery store, the shop-owner’s failure to keep the shop safe for customers to visit is a direct cause of your injuries.

  • If you are injured while using a defective product, the manufacturer’s breach of its duty to make products safe for consumers is the cause of your injuries.

  • When your medical condition worsens because the doctor misdiagnosed your problem or prescribes the wrong medicine, you have mostly likely received substandard care from your medical professional, which directly resulted in injury to you.


Finally, you must show that the injuries you sustained as a result of the defendant’s actions resulted in you suffering a loss, either economic, non-economic or both. For example:

  • Any injuries sustained in a car accident can result in you incurring large medical expenses, lost income, property damage to your vehicle and emotional trauma.

  • Injuries sustained in a slip and fall accident might result in long-term pain and discomfort and a decrease in your quality of life.

  • Injuries sustained while using a defective product may result in the loss of life or limb, or permanent disfigurement.

  • A misdiagnosis of your condition by a medical professional can result in the condition worsening, which may result in extensive pain and suffering, higher medical bills and even lifelong impairment.

You must meet all four of the above elements in order to prove negligence by the party held responsible. In order to do this, you will need to gather and preserve as much evidence as possible from the accident or circumstance that resulted in you being injured. Personal injury attorneys are trained and experienced in helping their clients gather the evidence needed to build a successful Muskogee personal injury case.

Free Consultation: Muskogee Personal Injury Lawyer

To find out if you are eligible to file a personal injury case against the person who caused your injuries in Muskogee, contact the Muskogee personal injury lawyers at The Wirth Law Office – Muskogee for a free consultation today. Call a Muskogee personal injury attorney at (918) 913-0725 or toll-free at (888) 447-7262. If you prefer to contact us by email, use the form at the top of this page.

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