If someone is injured by the negligence of someone else, compensation to the injured party may be awarded. Injuries can be directly a result of negligent actions or or even by omissions by the defendant. In a jury trial, the judge will instruct the jury to consider many damages that result from a defendant's negligence.
What is the definition of "negligence?" According to the www.law.com negligence is, "failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not."
There are certain elements to show negligence:
a) The party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public;
b) The defendant's action (or failure to act) was negligent and not what a reasonably prudent person would have done;
c) The damages were caused ("proximately caused") by the negligence; and
d) The damages were "reasonably foreseeable" at the time of the alleged carelessness.
Negligence is different than intentional harm which is considered an "intentional tort." Negligence can result in all types of accidents causing physical and/or property damage. If the injuries are caused by something owned or controlled by the negligent party, but how the accident happened is not known, negligence per se may be determined. An example would be a pedestrian is walking past a building and a wall falls down with no determinable cause and the falling bricks injure the pedestrian.
Many elements of damages can be considered including, but not limited to:
* Out-of-pocket expenses
* Loss of earning capacity
* Medical expenses such as hospital, physical therapy, rehab expenses, etc
* Loss of income
* Future damages from permanent injuries
* Alteration of lifestyle
* Emotional injury
* Pain and suffering
* Loss of enjoyment of life
This is not a complete list but just an idea of the type of damages one may seek in a negligence action. As always, this is not legal advise and if you have been injured by another person's negligence, you should likely speak with an attorney to find out your rights and possible damages.