What Exactly is Negligence in Regards to a Personal Injury Case?
Understanding negligence is important not just for your West Palm Beach personal injury attorneys, but for yourself as well. Too many victims of negligence do not understand the ramifications and as a result do not pursue a case. They remain victims and never receive justice or compensation for their pain and suffering. Negligence means that a person breached their duty of care to you, no matter the nature of the relationship that determines the responsibility of care. By neglecting their duty to care to you an individual actually causes you harm, and when harm is caused you have justification for legal action.
Duty of Care in Personal Injury Lawsuits
Regarding personal injury lawsuits, duty of care must be established, then fault can be established. The plaintiff must demonstrate that the duty of care was breached. In all cases there will be a level of reasonable care required of the defendant. Yes, each case will have different facts that influence the outcome of establishing duty of care, but unique examples still shed a lot of light on the concept of duty of care. Read about a few examples below.
● Defective Product: The seller, distributor and manufacturer of consumer products are all legally obligated to sell and produce products that do not pose dangers to consumers which are unreasonable.
● Medical Malpractice: Medical professionals must provide competent care that meets reasonable expectations, defined generally as the same level of quality that another medical professional would provide in a similar situation.
● Slip & Fall: Business or property owners must act within a reasonable amount of time to clear any dangers from their premises.
The Establishment of Fault
After it is established that the defendant neglected his or her duty of care, specific fault must then be established. In the case of a car accident, for example, there are several ways fail it can be established: evidence examination, such as vehicle damage, at the accident scene; plaintiff testimony of the events; eyewitness testimony of the accident; and by illustrating that a traffic law was violated by the defendant, information which can possibly be obtained by generally non-admissible police reports.
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However, these are not the only ways fault can be established. The conduct of the plaintiff can also contribute to fault along with the negligence of the defendant. This is referred to as contributory negligence in some states and comparative fault in most states. The latter results in a reduction in awarded damages in proportion to the amount of fault deemed to have been contributed by the plaintiff; the latter, however, results in a complete elimination of the potential to collect any damages. Finally, if damages can be collected, the lawyers of the plaintiff must illustrate how the defendant harmed the plaintiff.
Hire West Palm Beach Accident Attorneys
If you have been the victim of negligence, or think you might have been such a victim, it’s time to contact the West Palm Beach personal injury lawyers now at the number below. Under no circumstances should you represent yourself — you deserve justice and you need to get the restitution you deserve to help overcome your pain and suffering. Likely you will have continuing problems, like health issues, as a result of someone else’s negligence. Don’t remain a victim, take control of your situation today. Please call Fetterman & Associates now at 561-845-2510.