What is a claim for negligence?

What is a claim for negligence?

Car Accident Lawyers

You may have heard the term negligence used by folks, or even heard a person or a company referred to as negligent. This is a legal term that lawyers know and understand, but many people may be confused by. This blog post will explain what negligence is, the most common types of negligence claims, and what to do when someone is negligent and causes you damages.

Definition of negligence

Negligence is a failure to exercise reasonable care under a certain set of circumstances which leads to a foreseeable injury to persons or property. Basically, the law requires everyone to act reasonably in order to avoid damaging other people, and the failure to act reasonably is known as negligence. There are several elements that need to be proven in Court in order to recover damages for someone else’s negligence. They are: (1) a duty owed to you; (2) a violation or breach of that duty; (3) the violation or breach was a real and proximate cause of your damages; and (4) actual damages you suffered. There is no intent requirement in negligence claims; you do not have to prove that the negligent party intended to hurt you or meant to act a certain way, only that they were careless.

Common types of negligence claims

There are numerous different negligence claims that can be made under the law, but the most common ones tend to involve personal injuries. These include, but are not limited to, injuries caused by motor vehicle collisions, premises liability claims such as slip and falls, and dog attacks. In each of these cases—the driver of a motor vehicle, the owner of a store or business, and the owner of a dog—there is a duty owed to the general public to act reasonably. For example, reasonable car drivers will pay attention to their surroundings and reduce their speed to avoid colliding with other vehicles. Reasonable dog owners will train their dogs and walk them on leashes so that they are properly restrained and unable to injure others. A failure to live up to these standards that causes injuries, will be negligence.

What to do when another’s negligence damages you

As car accident lawyers from Garrett, Walker, Aycoth & Olson, Attorneys at Law can explain, the first and most important thing you should do when you suffer damages due to another’s negligence is to document the damages. This can include taking pictures, seeking medical treatment, and obtaining documentation. It is crucial that you have proof of your damages and the other party’s negligence in order to recover.

The next most important thing to do is to contact a lawyer to allow them to evaluate your case. Ensure that your lawyers have significant experience dealing with all types of negligence claims, including taking cases to trial if necessary. 

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