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
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Can Both Parties be At Fault in a Car Accident?
Understanding Shared Fault in Car Accident Cases
When car accidents occur, each driver may be looking to place fault on the other. However, the reality is that both parties can be at fault in a car accident. Depending on the state you live in ultimately determines how your shared level of fault will alter the amount of compensation you can recover from the other driver in a car crash.
If you’re asking yourself “Can both parties be at fault in a car accident?” an experienced car accident attorney can help. These car accident cases can be complicated — from determining the percentage of fault across all the parties involved, to dealing with the other party’s insurance company, as well as medical bills, insurance adjusters, a police report, and more.
If you and another driver share fault in a car crash, […]
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Can You Sue Someone for a Minor Car Accident?
What to Do If You’re In a Minor Car Accident
Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?
The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?
Every accident can involve both non economic damages and economic damages. So, in some cases, […]
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Who’s At Fault in a T-Bone Accident?
What is a T-Bone Car Accident?
A T-bone accident is one in which one vehicle strikes the side of another with its front, thereby forming a “T” shape. This 90 degree angle impact often results in very serious injuries, and if you’ve been injured in a T-bone accident, it’s important to seek medical care immediately. If you end up asking, “Who’s At Fault in a T-Bone Accident?” a lawyer can help.
Unfortunately, these instances are all too common: side impact collisions make up about a quarter of all collisions in the US each year. T-Bone accidents most often occur in intersections, when vehicles involved either intentionally or accidentally disregards a red light or stop sign or negligently makes a left turn.
Drivers involved in a traffic accident who decide to speed through a yellow light can also cause a T-Bone collision like this. In fact, […]
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What Happens If You Hit a Cyclist with Your Car?
Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.
Car accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.
You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?
These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.
For over 60 years, Munley Law Personal Injury Attorneys has been helping bicycle accident and car accident victims alike with their personal injury claims. […]
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Can I Sue After a Car Accident If I Was Not Hurt?
What Options Are Available After A Car Accident With No Injuries?
Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?
Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.
Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.
Filing Car Accident Claim with Insurance Company
The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer. […]
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