Understanding negligence in personal injury
Personal injury cases can be overwhelming, especially when you are trying to understand legal terms like negligence. If you have been involved in an accident and are considering filing a personal injury claim, it is important to understand the concept of negligence. Negligence refers to the failure to act with reasonable care. In other words, if someone’s actions or inactions caused you harm and they could have prevented it, they may be liable for your injuries.
To prove negligence, four elements must be established: duty, breach of duty, causation and damages.
Duty refers to the legal obligation to act with reasonable care towards others.
Breach of duty is when someone fails to meet that obligation.
Causation means that the breach of duty caused your injury.
Lastly, damages refer to the harm you suffered due to breach of duty.
Understanding negligence is crucial in personal injury cases as it determines who is at fault and who should be held responsible for the damage caused. It is very difficult to navigate the legal system and understand your rights in a personal injury case without the assessment of an experienced attorney. An attorney can ensure that your rights are protected and that you receive the compensation you deserve.
If you have been injured due to someone else’s negligence, contact the lawyers at Davis & Gelshenen, LLP. We have decades of experience protecting the rights of individuals who have been injured in accidents. We can help you navigate the complexities involved with insurance companies, medical bills, pain and suffering and lost wages. Call us today for a free consultation at 866.427.2121. You don’t pay unless you win.