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There are times when we turn on the local news (or look out our windows, in some cases) and see someone acting or driving in such a careless, reckless manner that we wonder what, if anything, can be done from a legal standpoint to make that individual pay for his or her actions. Under the law, whenever an individual acts with a conscious disregard of the safety of others and/or their property, and that person is aware (or should have been aware) that his or her acts might cause harm, that individual may be held legally responsible for any injuries or harm caused by the reckless act.

Fort Myers personal injury lawyers like Randall Spivey speak with clients who have been harmed by someone else's reckless behavior on a routine basis. Sadly, such behavior has left individuals and their families with devastating injuries, and in some instances, loss of life. For those who are dealing with the results of someone's recklessness, it is important to understand exactly what recklessness is under the law and what a skilled personal injury attorney can do for you to help ensure justice is served.

What is Recklessness?

In general, recklessness is a state of mind. It typically requires a conscious decision to do something. With respect to liability under the law, there are four basic theories: strict liability, negligence, intent and recklessness.

Strict liability cases usually involve situations where individuals can be held legally responsible regardless of their mental state at the time of the incident. Negligence is when a person violates a duty owed to another individual and that individual sustained harm as a result of that violation or breach of duty. Intent (which is also referred to as willfulness) means that the individual performed an act intending to cause harm or injury. Recklessness, however, is when the actor knows or should have known that the acts performed were likely to cause harm and/or injury.

An individual can be deemed reckless if: he or she intends to do something with the knowledge that doing so might create a risk of harm or injury; the risk is unreasonable; the risk is significantly greater than negligent conduct; and the person committing the act is aware (or has reason to think) others are in the area and in harm's way.

What is important to note here is that recklessness differs from intentional wrongdoing in that reckless individuals fully intend to commit the act performed. However, they do not actually intend to cause harm to other individuals and/or property, but they usually have a good idea that some harm might occur.

How Personal Injury Lawyers Can Help

Anyone who has incurred injuries or harm from someone's reckless acts is encouraged to work with well-versed attorneys who can thoroughly review the facts of the case and determine an appropriate legal strategy to obtain the best outcome possible. In certain instances, victims can sue the wrongdoer and obtain compensation to cover their damages.

If you or someone you love has been harmed and you would like to learn more about your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. today.