Negligence is generally defined as the failure to take the necessary care for others’ safety. When it applies in a personal injury case, the negligence legal definition generally means that a defendant acted in some way that could be reasonably expected to cause harm to others, and did ultimately cause harm in the form of bodily injury.
There are several types of cases where negligence may play a role. Some of the common cases include:
In each of these case types, the defendant typically acted or is alleged to have acted in a way that exposed the victim to an unreasonable risk of harm. Lawyers can typically help a victim of negligence to identify the liable party and to establish fault.
Anybody who seeks to prove that a defendant is responsible for a plaintiff’s losses will do so by proving that the defendant acted negligently. Whether that defendant is a doctor being accused of medical malpractice, a product manufacturer whose product proved to be unsafe, or anyone else, the lawyer for the plaintiff will generally follow a four-step process when attempting to prove negligence.
This process includes:
This duty of care is generally defined as one’s responsibility to avoid acting (or not acting) in a way that exposes others to danger. Most states including Arizona have a law that makes each defendant’s duty of care self-evident. The hurdle for lawyers is not typically proving that a duty of care exists, but instead in…
This point typically lies at the heart of any personal injury claim. The ability to prove that any defendant breached their duty of care is the linchpin in any personal injury claim, because if you can prove that the defendant acted negligently, then you may be able to…
If a jury concludes that a defendant breached their duty of care to the plaintiff (and in doing so, acted negligently), then they may be inclined to find that the breach of duty also caused the injuries or death for which the plaintiff has brought a lawsuit. If the jury believes that this causation exists, then they may…
Damages are financial awards to be paid by the defendant as retribution for the harm that they exposed the plaintiff to. This is the final stage of any negligence claim, and it is the reason why most plaintiffs bring forth personal injury and wrongful death suits.
Each personal injury and wrongful death suit is different, but there are some commonly-awarded damages in cases where it is determined that negligence occurred.
Accidents involving negligence typically vary in outcome and damage inflicted, but the awards that are ordered by courts are often similar in nature. Financial awards arising from negligence lawsuits may cover:
In wrongful death cases, additional damages may cover:
This process of proving negligence and then collecting damages is critical to any successful personal injury or wrongful death claim, but it is not the only service that a lawyer can provide.
If you are the victim of negligence, understanding the negligence legal definition is very important. A lawyer can help by handling a number of responsibilities, each of which is necessary to present a case for damages. Some of these responsibilities may include:
Do not wait to take legal action. Call our team at Zanes Law today at 866-499-8989 to discuss your case.
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