What Is Res Ipsa Loquitur, and How Does it Affect My Legal Case?
Some acts of negligence are so shocking and so clearly negligent that we may need no further proof than that it happened to support a finding that the other party was negligent. If you or a loved one have been injured in an accident where someone else was to blame, the experienced Inland Empire catastrophic injury attorneys at Heiting & Irwin, APLC are the best friends you can have. Let’s talk some law here.
The law has created a doctrine to help people who have been hurt by inexplicable yet ghastly acts of negligence. If a judge applies the res ipsa loquitur doctrine, it means that what happened itself is evidence of negligence. Still, you would need to fight for full compensation for your injuries. “Res Ipsa Loquitur” is Latin for “The thing speaks for itself.”
For a free case evaluation, get in touch with the Inland Empire catastrophic accident lawyers at Heiting & Irwin. You can discuss your case with us, and we can explain your legal options and path forward.
Res Ipsa Loquitur Can Sometimes Help Get Financial Compensation
There are some times when you absolutely know that someone has done something wrong, but you may not necessarily be able to prove it. Still, the fact that you may not have specific proof may not be an absolute bar to financial compensation. There are certain things that should simply never happen, things that wouldn’t happen if negligence was not present, and the fact that they did could be evidence of negligence in itself. Your catastrophic injury attorney may use res ipsa loquitur to secure your financial compensation.
Like many concepts in our civil law, the doctrine of res ipsa loquitur originated from an old English case. In Byrne v. Boadle, a barrel of flour fell out of a second-floor window and struck the victim in the shoulder. Witnesses saw the barrel hit the plaintiff, but nobody could testify about how it fell or who did what wrong. Here, it was very clear that someone did something wrong, because barrels simply do not fall out of windows. Not wanting to deny the plaintiff compensation when the plaintiff obviously deserved it, the court developed and applied the doctrine of res ipsa loquitur.
Some Acts of Negligence Speak for Themselves
The fact that the incident itself happened sometimes means that someone did something wrong that would entitle a plaintiff to compensation. All we need to do is find the responsible party, and they will have a legal obligation to pay when we are able to prove that the incident happened.
Res ipsa loquitur is one of the many situations where a concept originates from the law’s desire to be fundamentally fair to participants in the legal process. Even when one cannot know the specifics, the sheer outrageousness of certain types of negligence could entitle them to compensation without more.
Some examples of cases where the res ipsa loquitur doctrine would apply include:
- Debris falls from a construction site or office window and strikes a passerby
- A roach or rat is found inside food
- A doctor leaves a piece of surgical equipment inside a patient
- An airbag explodes while a car is driving without impact
Why You Still Need a Lawyer When There Is Extreme Negligence
The doctrine of res ipsa loquitur does not mean that there is no investigation necessary. You will probably still want to hire a lawyer for your case for multiple reasons, including:
- You must identify which party was responsible for the accident. There may be several parties who you can sue to maximize your financial compensation.
- The exact amount of your financial compensation still needs to be determined. Res Ipsa loquitur cases often involve serious injuries because of the level of carelessness involved.
- You may still negotiate a settlement with the defendant.
- You may even be able to obtain punitive damages from the defendant. These cases often involve negligence or recklessness that is so egregious that an angry jury may choose to punish the defendant.
While you have legal rights, they still must be protected. Nothing can stop a determined insurance company from trying to save money at your expense, regardless of the facts of your case. An experienced catastrophic injury lawyer in Inland Empire can leverage the situation to your advantage when the facts and law are on your side. They can file a lawsuit or claim on your behalf to fight for you to receive the maximum amount of compensation.
Contact an Inland Empire Catastrophic Injury Lawyer Today
Get help now by contacting the experienced Inland Empire catastrophic injury lawyers at Heiting & Irwin. We are standing by and ready to work to maximize your financial compensation after you have been hurt by someone else’s carelessness. Our catastrophic injury lawyers can walk you through the legal process when you schedule a free initial consultation. You can send us a message online or call us today at 951-682-6400.
