If you feel that you have grounds to file a personal injury lawsuit against someone in Pennsylvania, then you will need to prove negligence. This is at the heart of every personal injury lawsuit because it is one the of elements you have to prove to show that the other person holds responsibility and liability for any injury or damage you suffered. Without proving negligence, you will not have a strong case.

The American Bar Association explains that negligence is proven on a case by case basis as it can vary in definition. At its core, though, negligence is when someone does something that deviates from what a reasonable, ordinary person would have done in the situation. As you can see, that will greatly depend on the actual situation and the facts of the case.

For example, when it comes to auto accidents, proving negligence is fairly easy because often the negligent act is breaking a law, such as running a red light. In other personal injury cases, the facts of the case may play a large role in whether the court finds the person negligent.

Keep in mind that it is also subjective. The court or jury has to first consider what a reasonable person would have done in the situation. Then, they need to determine if there was a deviation from that. What one person considers reasonable another person may not. So, it can take time to reason out if negligence occurred in some cases. This information is for education and is not legal advice.