What is Considered Negligence in Personal Injury Law
Negligence is defined in the dictionary as carelessness, thoughtfulness, dereliction of duty, neglectfulness, inattention, irresponsibility, sloppiness. The connotation adds up to negligence meaning something negative. The term negligence, as it pertains to personal injury law, can be defined as the failure to take proper care while in the act of doing something or caring for someone.
Negligence in a vehicle accident must show that a person was driving unsafely and/or recklessly and that person’s heedless manner of driving had caused an accident.
In everything humans do, there is a cause-effect relationship. Behind every occurrence of personal injury, there is a negligent action that preceded the injurious consequence.
It is the job of personal injury law to assign the proper party as having been negligent, thereby holding that party responsible for having caused the accident.
Negligence law then requires that person or persons or company or organization whose actions have been shown to violate the standards as set forth by society or the government to safeguard the public and private individuals from unreasonable risks of harm, to have to compensate the person or persons who were injured as a result of someone else’s negligence.
In some circumstances, the law of negligence can also apply to a person’s failure to act, such as in the duty of a person to rescue another, or in the profession of say a doctor or lawyer, there is a professional expectation that one will uphold a certain standard or level of careful diligence that ensues their patients and clients can trust they will do right by them.
When a professional individual disregards those tenets of trust that are uniquely characteristic to lawyers and doctors, those individuals and their professional practice may be liable for malpractice, which has its basis in the legal principles that form the foundation for the law of negligence.
Although courts and legal scholars for generations continue to disagree on what elements distinctly formulate the law of negligence, it’s generally considered before responsibility for a personal injury can be assigned to a specific person that five separate core essential parts must be met in order to constitute for a successful claim of Negligence:
- a duty of care or protection was owed by one person to another person;
- that duty of care was violated or infringed upon by an individual’s actions;
- that there was an actual cause and effect connection between an individual’s conduct and what brought forth harm to another person;
- the harm caused to an individual was foreseeable and could have been reliably anticipated to occur as a natural event leading off the actual causal connection; and damage compensation for the harm inflicted on an individual resulting from a person’s failure to conduct themselves in a manner that complies with mindful and safe standards of behavior.
With that said, this article only begins to scratch the surface of Negligence Law.
This law is underscored by a degree of complexity that requires an individual that has suffered serious injuries as a direct result of someone else’s reckless or unsafe actions to hire a highly skilled personal injury attorney who will fight to protect their client’s legal rights and will make sure their client receives the maximum compensation for their pain and suffering and property damage and medical costs, in addition to their short term and long term economic losses.
The more experienced your attorney is, the greater advantage a client has to receive the highest dollar amount for their damages.
If you or a loved one has been seriously injured in any kind of accident, or physically harmed by a defective product or have suffered needless pain or internal injuries at the hands of an unskilled medical professional, call us for a free consultation today.
Call The Law Office of Gina Corena and Associates (702) 680-1111. We’re open 24 hours so you don’t have to lose another wink of sleep worrying.