Negligence Lawyer in Washington, DC
Negligence claims are filed when someone fails to behave responsibly with a level of care that would have been exercised under similar circumstances. Those failures result in injuries to you or someone you love (the “injured party”). Many negligence cases are directed towards certain industries, including physicians or other professionals. It is important to understand that any entity or person can be accused of negligence based on unjustifiable reasoning if their actions caused someone else to become injured.
In order for a negligence lawsuit to be credible, there must be proof that a negligent party’s unreasonable actions could have been avoided if they had exercised their “duty of care” and been more aware. Our experienced negligence lawyers in Washington, DC can help you hold the negligent party liable for your injuries.
Negligence Lawsuit in Washington, DC
Each state in the United States has specific laws regarding negligence and injured victims should be familiar with these laws before filing a claim. There are two main types of negligence, comparative and contributory. One of the few places in the United States that recognizes contributory negligence is Washington, DC. By definition, contributory negligence is a law that can prevent an injured party from recovering any damages if he or she contributed to the cause of their injury or accident. Contributory negligence is also a defense that a person charged with injuring another individual can use in car accident cases, dog bite cases, and other personal injury cases. If the court determines that the plaintiff contributed to their accident, he or she may not receive any recompense from the defendant.
One thing you should be aware of if you are dealing with contributory negligence in Washington, DC, is that if an employer caused your injuries by not providing you with safe working conditions, a contributory negligence defense cannot be used. What is also important to note is that it has to be proven that the negligent behavior actually contributed to the injuries in the accident or contributory negligence will not work as a defense.
Determining negligence and navigating around the laws of contributory negligence is a difficult task. Injured victims are more likely to achieve successful compensation by working with a skilled negligence lawyer in Washington, DC.
Negligence Case Elements
In order to win a negligence lawsuit in Washington, DC, a victim must be able to provide evidence of certain elements that were present during the accident. These elements will be able to prove that the defendant is guilty of negligence. Juries are instructed by judges to listen to all of the evidence that is presented and compare facts and testimony in order to determine if any elements of negligence exist.
- The defendant had a duty to either commit to or refrain from committing an act,
- The defendant breached their duty,
- The plaintiff’s injuries were a result of the defendant’s breach of duty,
- The defendant’s inactions or actions were an approximate cause of the injury (they should have known that the action would injure someone else), and
- The plaintiff suffered damages in the form of pain and suffering, hospital bills, and/or lost wages.
How a Negligence Lawyer in Washington, DC Can Help
In an attempt for the defendant to try and take advantage of the contributory negligence rule, the person responsible for the injury or an insurance company may try to claim that the accident was your fault, even if it wasn’t. The negligence lawyers at Dash Injury Law Firm are experienced in dealing with these types of claims.
Our legal team will assist you with your injury claim by procuring police reports, depositions, medical examination records, accident reports, and other documents. We are prepared to counter these invalid claims vigorously in a court of law because we have a solid understanding of precedent case law, as well as the regulations that govern contributory negligence defenses.
Contact Our Washington, DC Negligence Lawyers
For a free consultation, contact our experienced DC legal team today. We will evaluate your situation and find out if a contributory negligence defense may apply to your injury claim. Our preliminary case evaluations are 100% confidential.
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.