Friday, January 17, 2014

What is Negligence?

Negligence is perhaps the key aspect of any personal injury case, yet many people do not understand what this term means. The law defines negligence as the failure to act with the same level of care that a reasonable person would use under the same circumstances. If a person acts negligently and causes another individual to sustain harm, the victim can seek compensation under personal injury law.

In order to hold the acting individual (known as the defendant) liable, the victim must be able to prove their negligence. There are four main factors involved in negligence: 

Duty of Care
Every person has a legal obligation towards all others and must act with a reasonable level of care to prevent harm to other people.

Breach of Duty
If a reasonable person would have foreseen that the actions taken by the defendant would likely cause injury or harm to others, the defendant has failed to exercise their duty of care.

In order to seek compensation, the victim must be able to prove that the accident and the injuries they sustained were caused by the defendant’s breach of duty. It can be difficult to prove a defendant’s negligence if multiple factors were involved in the accident.

The victim’s lawyer must assess their losses, including the costs of treating any injuries sustained, property damage, and missed wages, and determine the monetary value.

Can I file a personal injury claim?

If you believe that your case meets the above criteria, you may be able to seek compensation through a personal injury claim or lawsuit. In order to do so, your lawyer must be able to prove that:
  1. The defendant owed a duty of care to the general public or to you in particular.
  2. The defendant violated their duty of care in one or more ways.
  3. You sustained injuries.
  4. Your injuries were the direct result of the defendant’s violation of their duty of care.
Our caring and knowledgeable attorneys have helped countless clients in the Las Vegas area obtain rightful compensation under personal injury law, and we may be able to assist you in the fight for justice. Visit the informative Personal Injury section on our website to learn more about your rights and options.