Negligence 101

When it comes to personal injury lawsuits, one of the most important concepts to understand is that of negligence. In most of these cases, being able to show that the other party acted negligently, resulting in your injuries, is essential. It is not enough to just know about the general meaning of the word, but you should also have a good understanding of the legal concept. This article will give you a good foundation so you can make informed decisions about your case. 

What is Negligence?

From a legal perspective, negligence is a concept that refers to times when someone’s actions (or inactions) fail to meet a reasonable standard of care for a given situation. One of the most common examples of this is when a driver of a vehicle fails to stop, and rear ends the car in front of them. In this situation, the driver will likely be found negligent because it is their responsibility to operate the vehicle safely. Another example would be when a business owner fails to clean up a water spill in a reasonable amount of time, resulting in a fall hazard.

Level of Negligence

In some situations, the courts will not simply say that someone was or was not negligent, but rather determines what level of negligence they displayed. Using the example above with the driver who rear ended someone, the courts may look at whether there was ice on the roads that day. If the roads were icy, should the driver have known about this hazard? There can be many factors that go into determining the level of negligence someone displayed in a given situation.

The Cause of Your Injuries

Another important aspect of negligence is establishing that the defendant was the cause of the injuries that took place. If they could not have known the risk, or prevented the injury from happening, then the courts may not establish negligence and instead rule that the injuries were the results of an unavoidable series of events. There are two types of causation that can be considered in these cases:

·         Direct Cause – A direct cause is when the injuries you experienced would not have happened if it were not for the actions (or inactions) of the defendant.

·         Proximate Cause – A proximate cause is when the defendant should have reasonably been able to predict or expect that their actions (or inactions) may have resulted in your injuries.

Work with an Experienced Attorney

Establishing negligence in a personal injury case can often mean the difference between having the case thrown out and being awarded significant damages. Having an attorney representing you in your case will help ensure you are able to show the courts who was negligent, and why. If you or a loved one has been injured recently, contact The Law Office of William C. Robinson to schedule a consultation right away. We will fight for your rights and help you to collect the damages you are entitled to.