If you’ve suffered an injury in an accident that was caused by someone who has a cognitive disability, or who is otherwise mentally incompetent, then you’re likely wondering about the likelihood of recovery should you choose to pursue litigation against the defendant. In the state of Arizona, much like the rest of the country, personal injury lawsuits brought on the basis of negligence (i.e., that the defendant acted in such a way that they violated the standard of care for the situation) are rather complicated when it comes to those who have cognitive impairments. Negligence Liability is Based on the Objective, Reasonable Person Standard Negligence claims — in the injury context — are fundamentally based on the concept of a standard of care. Simply put, the difference between a mistake and negligence (for which the defendant will be held liable) turns on the standard of care. If the defendant acts in such a way that it violates the standard of care, they will be found negligent, and may therefore be sued by the injury victim for damages. If the defendant makes a mistake, but their actions do not violate the standard of care, then you cannot hold them liable for your injuries. The standard of care in any given situation is meant to be based on an objective, “reasonable person” standard. Essentially, the court will determine how a reasonably prudent person would have acted in the same situation as the defendant. If the defendant’s actions fall out-of-step with this expectation, […]