Personal injury claims occur when someone causes harm to another and can generally apply to various scenarios. Negligence is a term used in describing these types of claims. The information below addresses situations in which negligence is involved in a personal injury claim.
Technical Definition of Negligence
Negligence is defined as the failure to use reasonable care, resulting in damage or injury to another. Whether or not negligence has occurred typically involves examining the circumstances to determine if a reasonably sensible person would have behaved in a similar manner under comparable conditions. A person may not intentionally inflict injury, but their neglect or inaction can lead to injury of another.
Elements of Claims Pertaining to Negligence
Other than causation, it is important to consider other factors in claims based on negligence. First, the offending party must have some level of duty to perform an act. Second, that party must have failed to comply with that responsibility. Third, that failure must have led to damages. Lastly, there must be resulting damages for which the plaintiff is requesting compensation. Duty, breach, causation, and damages are all factors in personal injury claims.
For instance, vehicle drivers have an obligation to use reasonable care when driving. If a driver was distracted (such as using a cell phone or grooming) and is involved in an accident, he or she may have breached that duty. That breach may be the cause of harm to others. Damages might include property damage and/or physical harm.
Negligence in Personal Injury Claims
A person committing negligence can be held responsible for a range of damages. Examples of claims based on negligence are dog bites, drownings, car accidents, slip and falls, and medical malpractice.
Employ Melrose MA Personal Injury Lawyers
The information above is a basic description of negligence in personal injury claims. Please keep in mind that most claims can be complex depending on the situation and the parties involved. It is important to meet with an experienced personal injury lawyer to review your case and work for your best interests. Contact John Tramontozzi for a complimentary consultation on your personal injury claim.