At some point in your life, you’re likely to suffer an injury or other physical harm at the hands of another person or entity, such as a business, government agency, employer, etc. While this is not always the case, it is typically negligence that causes your injuries in the first place. If you’ve been injured because of someone else’s carelessness or recklessness, then you may have grounds to file a personal injury claim against them to recover compensation for your medical bills and other damages that resulted from the accident in question. Read on to learn about how to determine negligence in a personal injury case.
What Is Negligence?
You’ve probably heard of negligence, but what exactly is it? Simply put, negligence occurs when one person fails to take reasonable care for another person’s safety and someone else suffers because of it. This can happen in a lot of ways. For example, if you slip on an icy sidewalk and fall down and break your arm, you might decide to sue a property owner for negligence because he or she didn’t take steps to remove snow from the walkway.
In other cases, injuries result from professional incompetence. That could be medical malpractice where a doctor fails to diagnose an ailment or surgical mistakes made during an operation.
What Cases Involve Negligence?
In general, negligence is defined as failure to exercise reasonable care. This means that if a person (or entity) is responsible for your injuries and failed to take appropriate measures to prevent those injuries, then you may have a case against them. Typically, there are five common ways negligence may come into play in a personal injury case including motor vehicle accidents, medical malpractice, workers’ compensation cases, dog bites, or other animal attacks, and premises liability cases.
Who Is at Fault?
Whenever you have sustained an injury that was not your fault, it is very likely that you are going to consider taking legal action. If someone else caused your accident, it may be possible for you to receive compensation for your injuries and losses. In many cases, a personal injury lawyer will determine whether or not you have grounds to file a claim against someone else by assessing what happened in your case and looking at whether or not their actions could be considered negligent. Legal assistance is always helpful since reputable personal injury lawyers have likely worked on cases that are similar to yours.
When Should a Lawsuit Be Filed?
Even if you’re experiencing extreme pain and suffering due to your injury, it’s in your best interest to file a lawsuit as soon as possible. This is important because any delay will mean that crucial evidence may become lost or distorted and time is often on your side in terms of emotional recovery the earlier you file. While dealing with an injury can be difficult, it’s important to remember that most cases are settled before they ever go to trial. So, while filing a lawsuit early might seem like a bad idea at first, rest assured that your health—and well-being—are at stake.
If you were injured in an accident that wasn’t your fault, it’s important to understand what negligence means and how you can use this information to win your personal injury case. Use this guide as you prepare for an upcoming personal injury suit.
