Understanding the Basics of Consumer, Financial and Personal Injury Law

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Understanding the Basics of Consumer, Financial and Personal Injury Law

Up until nine months ago, I always considered myself above everyone else when it came to having good credit. I paid my bills on time and never went a day late on rent. I became the epitome of what a good consumer should be. But after losing my job after 12 years of faithfulness and hard work, my ego took a hit and so did my credit and finances. Humbled, broke and unable to pay my bills, I decided to file bankruptcy. I couldn't get a job right away and the only way to stay afloat was to start over. My bankruptcy attorney helped me do that. I started this blog to teach you how to come back from a financial and personal disaster with your life intact. I hope that you find the legal counsel you need to rebuild your life as well.

What Does Recklessness Mean In The Context Of Personal Injuries?

In normal usage, the term recklessness may mean being rash or impetuous. In personal injury law context, however, the noun has a deeper meaning. Read on to understand the legal meaning of recklessness.

What is Recklessness?

If the court finds you reckless, then it means that you were aware, or should have been aware, that your actions could cause harm to another person. For example, if you disobey a stop traffic light and hit another motorist, then you are considered reckless because you know, or should know, that you were supposed to stop. Another example is if you engage in unprotected sexual relations with another person knowing that you have a sexually transmitted disease.

Reckless differs from intentional acts in that you did not expressly set out to cause the harm that you did, but your dangerous action did indeed cause the harm. It also differs from negligence, which is when your breach of duty causes harm to another party.

Elements of Recklessness

There are four elements of recklessness. Generally, the prosecution will find you reckless if it can prove that:

  • You intended to commit the reckless act; it wasn't an accident. For example, continuing with the example of not stopping at a traffic light, it will seek to prove that your intention was not to stop as opposed to not stopping because of, say, brake failure.
  • You knew that you were risking other people's lives by your actions. For example, as a licensed driver, you know the traffic rules that require you to halt at the stop sign.
  • The risk you took is greater than the risk posed by negligence.
  • You knew, or had reason to know, that there were people who could be injured by your actions. In the above example, you obviously expect other motorists to be on the road, so this element is proven.

Legal Implications

If the court determines that you were reckless, then the injured party or parties may instigate a civil personal injury lawsuit against you. If you lose the case, then you may be directed to compensate the plaintiff accordingly. The damages may include lost wages, pain and suffering, and medical costs of the injured persons, among others.

Apart from personal injury lawsuits, you may also face a criminal charge of felony or misdemeanor. It demands on the seriousness of your actions and its consequences. For example, if a car accident results in serious injuries, then your recklessness may be deemed as a felony.

During trial, your actions will be examined to determine whether you knew what you were doing, your actions caused any injuries and how serious the injuries are. The involvement of an experienced personal injury attorney from a firm like Story Law Office will help to preserve your rights, and to limit the expected settlement award.


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