Negligence Lawyer

Negligence Lawsuit

To understand the basics of a negligence lawsuit, you first need to have a proper understanding of the term negligence. This term is defined easily as performing an action a reasonable person would not have or failing to perform an action that a reasonable person would've done.

This type of lawsuit can be filed against an individual or an entity. Either way, the lack of reasonable action must've resulted in the harm of another. To prove a successful negligence case, the harm that happened must have been solely a result of the negligent party not performing their 'duty of care'. To better assist you in understanding what this type of lawsuit is, let's look at a few different examples below. It is important to note that each case is unique and there are many different determinants that can affect a lawsuit.

Vehicle Injuries

Those who operate a vehicle are responsible for showing a duty of care to others on the roadway. This duty of care is defined as driving their vehicle safely. If the driver operates their vehicle in an unsafe manner and that results in an injury of another person, they have lapsed in their natural duty of care.

Animal Injuries

If a person's pet injures another person without any sort of provocation, they can be held liable for negligence.

Medical Malpractice

This type of neglect happens when a health care professional or hospital omits reasonable action or performs an unreasonable action that causes injury to a patient. A clear example of this is errors in their diagnosis.

Premises Liability

It is every property owner's responsibility to maintain a property that is safe for those who are on the premises. If a person is injured because of the inaction of the property owner to maintain a safe premises, they can be held liable for damages.

Elements of a Negligence Case

Now, you should have a pretty good idea of what negligence is. In order to win a lawsuit for negligence, there are a few components that must be successfully proven. We are going to review these elements so you can have a better understanding of what makes a successful case.

Duty Of Care

The first element that you will need for your negligence lawsuit is to prove that the defendant owed you a duty of care. This duty requires you to identify what specific duty of care the defendant owed you. The judge or the jury will determine if the duty of care is reasonable depending on the circumstances of the case.

Breach Of Duty

Once you prove the duty of care, now, it is time to prove that the defendant breached that duty. In most cases, this is showing that the defendant failed to exercise reasonable care during the incident. Again, the specific circumstances of your case will determine whether or not a judge or a jury agrees that the defendant breached their duty.

Cause In Fact

This is where you need to provide that the defendant's actions or lack of actions were the actual reason for your injury. Essentially, you need to show that the injury would not have occurred if the defendant did not breach their duty.

Proximate Cause

When dealing with a negligence case, the defendant is only responsible for the actual harm that occurred which they could have foreseen to prevent. If your injury occurred outside of the scope of risk that could have been foreseen by the defendant, then you cannot prove that their actions were the proximate cause of your injury.

Damages

There must have been harm to you physically or to your property for a person to be held liable for neglect. You cannot bring a negligence lawsuit against a person for damages that could have occurred. The damages must have occurred for a negligence case to be proven.

As you can see, these are the five main legal elements that must be proven in order to receive compensation for injuries or damage to your property. You cannot rely on just proving some of these components. Rather, each one has to be successfully proven on its own with evidence from the case for a negligence case to be effective.

Working With a Negligence Attorney

If you have been injured or have received property damage due to another person's neglect, it is best to seek the assistance of a negligence attorney to fight your case. Many injured victims believe that the cost of an attorney is out of their budget. However, Dash Injury Law Firm will receive payment only after we win your case. Here are some important reasons you should consider working with a negligence attorney over trying to fight your case alone.

We Have Experience

When you hire one of our negligence attorneys, you are paying for their experience. Our legal team knows what the necessary five components are for a successful case. We will be able to gather essential evidence and organize them in a presentable and persuasive fashion to the judge and the jury.

We Can Estimate Your Compensation

Our negligence lawyers are familiar with what previous case payouts have been for different types of injuries and circumstances. Therefore, we can help you to determine just what amount of compensation is reasonable for your case. Without a lawyer, you may end up getting a much lower compensation settlement than you could've with a lawyer.

We Don't Charge Until We Win

Many attorneys will not charge you a penny until they win your case. More importantly, personal injury attorneys only get paid if they win your case. In addition, most attorney offices will upfront the cost of evidence gathering and key witnesses so you do not have to pay out of pocket for your case.

Working with an experienced negligence attorney is essential to ensure that you win your case. The above are just a few of the many benefits a lawyer will provide. If you have been injured, it is time to get your negligence case underway before the statute of limitations is up in your state.

Speak With a Negligence Lawyer Today

The experienced attorneys at Dash Injury Law Firm will help guide you through the litigation process of a negligence lawsuit. It is important to find an attorney who will provide you with support during this difficult situation and guide you through the complex legal process.

Dash Injury Law Firm provides negligence lawsuit services in the surrounding areas of the following locations:

We are committed to serving our clients and fighting for the compensation and justice they deserve. Call our legal team today at 888-(DASH-LAW) or complete an online contact form.

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.