The term “negligence” often causes confusion. Negligence is the failure to act as a reasonable person would under same or similar circumstances and this failure results in harm to another individual.
This video is designed to provide the viewer with an accessible definition of this very common legal term.
The video begins by discussing the four elements of negligence:
- actual harm
In order to recover damages from the plaintiff must prove each of these elements by a preponderance of the evidence.
In other words, the plaintiff must prove that it is “more likely than not” that the defendant was negligent.
The first element of a negligence claim is duty. Generally a person has a duty to act as a reasonable person would under normal circumstances.
When a person does not live up to this duty they have “breached” the duty which is the second element of a negligence claim.
The plaintiff prove the third element of a negligence claim , causation, by showing that the defendant’s breach was the cause of the plaintiffs injury and that the injury was not caused by some other factor.
Look for our other videos that discuss causation more in depth.
Lastly, the plaintiff must suffer some actual damages in order to have a negligence claim.
A negligence cause of action is one of the most common causes of action that is brought after a car accident.
It is important for you to hire a personal injury attorney who can explain legal terms to you in a way where the law is accessible to you.
The lawyers at Hutchison & Stoy are happy to offer potential clients free case consultations. During this initial meeting, one of our experienced personal injury lawyers will discuss how the law applies to the facts of your case.
Our goal is to do everything we can to get justice for our clients.
Contact the Warriors For Justice if you believe that you have been involved in an accident that was the result of another driver’s negligence.
You deserve to be compensated for your injuries and we are here to help you.