The idea of a “reasonable person” is an objective legal concept often used in injury and negligence cases. Learn more about the reasonable person standard in a negligence claim to prepare for your case. Rossman Law Group is here to demystify the legal process and work with you to achieve justice.
The reasonable person standard is an objective, hypothetical concept applied to defendants in injury and negligence cases. The jurors in a negligence trial will hold the defendant’s actions up against what a reasonable person would have done with common sense and caution.
Remember that “reasonable” does not mean “perfect.” Reasonable individuals make honest mistakes all the time, so it’s up to you and your physician negligence attorney to prove that a reasonable person would’ve been more careful.
Let’s look at the reasonable person standard in action.
To use the reasonable person standard with a defendant in a negligence case, it’s crucial to prove that a reasonable person with common sense would not have made the same mistake. To prove negligence, you and your attorney will need to establish and prove a duty of care and a breach of that duty.
For example, a reasonable physician might review different treatment options with you to heal your illness or injury. They should exhaust non-invasive options before recommending surgery. Meanwhile, an unreasonable physician might be over-eager to get you into the operating room, possibly resulting in surgical error or infection.
To better understand the ins and outs of your negligence claim, learn more from your attorney about the reasonable person standard. The more knowledge you have, the better you can help your own case and get the justice you deserve.