When you suffer an injury due to someone else’s action or inaction, then you might be entitled to compensation. Accidents happen, but that doesn’t mean that you don’t have a legal right to be compensated for your medical bills, lost wages or pain and suffering. The foundation for most personal injury lawsuits is negligence. Can you prove negligence in your case? Here is what you need to know about negligence.
What Negligence Is Not
Before defining negligence, it helps to understand what negligence is not. You may still have a case if there was no negligence, but instead an intentional act. Intentional acts are not generally negligent. For instance, if someone deliberately and willingly causes harm to another person, this may not be negligence. You can still file a claim in response to that, however.
What Negligence Is
The legal definition of negligence is the failure to act with reasonable care in a situation. For instance, if you drive a commercial vehicle and your mechanic doesn’t check the brakes, then you wind up in an accident due to faulty brakes, then you may be able to file a claim against the mechanic.
When someone is found to be negligent, then they are found to be legally responsible for another person’s harm. If negligent, that person will usually rely on his or her insurance company to pay you the money you deserve for bills and pain and suffering. If there is no insurance company involved, then it would most likely be out of pocket of the person found liable.
How Negligence Is Determined
How can you determine negligence? The best way to determine negligence is to study the legal definition and to analyze whether the situation aligns with the definition. If you aren’t sure if there is a case of negligence or even if you are positive, it is best to talk with a lawyer in advance. A lawyer can study the evidence that you have and make a solid determination of whether or not you have a case.
If you were the victim of someone else’s negligence, then you may have a personal injury case. When it comes to filing a personal injury lawsuit, it is always best to file a claim as soon as possible. To ensure that you get the representation that you deserve and have a shot at a settlement, to set up a consultation.