Accidents And Injuries Due To Negligence

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The term negligence, as it relates to the law, can apply to civil or criminal cases. When there is conduct that fails to meet the standards legally expected of a reasonable person, this conduct can be called negligent. If the negligent actions of someone causes harm to another, the injured party has the right to sue in a court of law to recover damages.

The legal concept of negligence can assist attorneys in winning compensation for victims of accident or injury. It applies in product liability cases, auto accidents, animal attacks, workers' compensation, slip-and-fall accidents, toxic substance exposure, and medical malpractice and slander cases, to name just a few. If you are unsure whether the injury or damage you have suffered falls under the heading of personal injury, contact a personal injury attorney and explain your situation.

In order to bring suit against a negligent party, you must have suffered damages either to property, reputation, body or mind. If you and your lawyer can make a solid case that you have done so, you may be able to recover compensation for such losses. In order to prove negligence resulting in harm, the claimant must be able to prove that the defendant had a responsibility in the situation; this responsibility is called duty of care. This means you have to prove that the person you are suing did not act in the way you would expect a reasonable person to act.

For example, medical malpractice attorneys must prove that a health care professional or hospital was negligent by not following the standard accepted level of care legally required. When you visit a doctor, they are legally obliged to provide you with standard care. If you are misdiagnosed because a physician does not follow up with tests or fully explore that which another physician would, there may be a level of negligence. If this misdiagnosis leads to your condition worsening, you may have a claim.

You also have to be able to prove that the injury or harm you sustained was caused by the particular act or negligent omission.

The basic tenet of negligence pertaining to civil law is that everyone has a duty to avoid harming another person or their property. The level to which you are responsible for the harm to another person is the level to which you must financially compensate them. A historical case of negligence related to liability is MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 [1916]. In the case, an injury occurred to MacPherson when a wooden wheel on one of his automobiles crumbled. The case became tricky when the court had to determine the duty of care. Was it Buick, the automobile manufacturer, that acted negligently? They made the car, but not the wheel. So was it the wheel manufacturer, or maybe the automobile dealer? Surprisingly, over 90 years later, cases similar to MacPherson v. Buick Motor Co. occur every year, in nearly every state. Determining the duty of care may seem tricky to the average person, but finding a lawyer experienced in product liability cases can provide clarity to the situation and get you the compensation you deserve.

If you have experienced any sort of personal injury, harm, accident or damage due to the negligence or breach of duty of another, request a consultation with a personal injury attorney in your state. Most personal injury attorneys work on contingency, meaning that they will not charge you any fees until your case has been won and you have been awarded damages. At this point, they will probably take a percentage of your award.

There are statutes of limitations for filing personal injury lawsuits, and these vary from state to state and on the type of injury, harm or damage you have sustained. It's important to contact an attorney as soon as possible after the damaging or injurious incident so that you can begin the process of pursuing your personal injury lawsuit.


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