What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
More information about Negligence
What Are the Chances of Winning a Personal Injury Lawsuit?
When you are hurt in an accident because of the negligence of another, your first instinct may be to just let it go. After such a traumatic experience, it’s easy to want to push past it and move forward. However, other people may see this traumatic experience and immediately think the right move is to sue in a personal injury lawsuit.
But what are the chances of winning a personal injury lawsuit? While no personal injury attorney can guarantee an outcome for your claim or case, working with a reputable law firm can help you win your claim and secure the compensation you need to move forward.
When Can You Sue For a Personal Injury?
There are many accidents that may result in needing to file a personal injury claim or lawsuit to recover the compensation needed to deal with your injuries and financial losses. […]
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Why Is My Car Accident Settlement Taking So Long?
Sitting around and waiting for your case to settle can be frustrating. It may feel as though you are not being prioritized, or that you’ve been forgotten, but that is not the case. Asking, “Why is this taking so long?” is valid but cannot be easily answered.
The process of settling a case is complex, intricate, and includes many working parts that take time. In some cases, a car accident claim may have to go to court because both parties cannot reach an agreement. This can make the whole process even longer. An important fact to remember is that every case is unique; therefore, the amount of time it takes for a case to settle is unique. Although easier said than done, it is important to stay as patient as possible when waiting for your settlement.
Why Do Car Accident Settlements Take Such a Long Time? […]
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How Do You Prove a Traumatic Brain Injury?
Whether you were hurt in a car accident, workplace accident, or another personal injury case, receiving a diagnosis of a traumatic brain injury (TBI) can be scary. With more than 64,000 TBI related deaths in 2020 alone, you or your family will be fighting to ensure the proper care is given for the injured victim. But if you were injured as a result of someone else’s negligence, how do you prove a traumatic brain injury was suffered?
At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have suffered a traumatic brain injury and now are fighting for compensation from the insurance companies, or the liable party. If you suffered from a TBI following a car accident, workplace accident, or another event, call Munley Law Personal Injury Attorneys. We can help. […]
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Workers Compensation Lawyer for McLane Warehouse Injuries
Warehouse injuries remain one of the most commonly listed reasons for an employee seeking workers’ compensation benefits. With accidents involving dangerous machinery that can lead to crushed limbs, hands or fingers and even amputation, broken bones, lacerations, electrical burns, and wrongful death, these employees need all the protection they can get.
If you are employed by a McLane Warehouse and have been hurt at work, let Munley Law Personal Injury Attorneys assist you in the workers’ compensation process.
About McLane Warehouses
McLane Company, Inc. is one of the largest supply chain services in the United States, providing grocery and foodservice solutions for a number of stores and chain restaurants. McLane operates more than 80 distribution centers and buys, sells and delivers more than 50,000 consumer products to nearly 110,000 locations across the U.S. Further, McLane employs over 20,000 employees. […]
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What Happens If My Uber is in an Accident?
If you’re feeling unwell, have had a few drinks, or don’t trust yourself driving at night, calling a car through the Uber app is the right choice. Unfortunately, however, calling a car doesn’t always guarantee a safe journey.
If you or a loved one were injured in an Uber accident, Munley Law Personal Injury Attorneys is here to ensure you get the justice you deserve. Car accidents are traumatic events on their own. The aftermath of a crash, however, can be just as intimidating to manage if you don’t have the right resources. Between handling your medical care, claims with your insurance company, and potentially even lost wages, it is easy to feel overwhelmed.
Deciding to seek compensation for an Uber accident injury, though, can help to relieve some of this pressure. Reaching out to an experienced car accident lawyer can make a massive difference in winning you the outcome you deserve, […]
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