What is Negligence?

Personal Injury Attorney in Plantation

"Negligence" is a term used in personal injury cases that describes the actions of a person and the place they had in an accident occurring. It is defined as failing to exhibit the precaution and level of care that a prudent person in the same situation would demonstrate.

Many accidents are a direct result of another person's carelessness and they can leave an innocent person suffering the ramifications. The cost of injuries in the country is astounding, with the CDC reporting around $80 billion for treatment and $326 billion lost through workers that are out of commission. For individuals and their families, they can be left with insurmountable bills that they will never be able to get ahead of.

The costs can add up and, when it is your health or the health of a loved one on the line, there is no option to not receive treatment. This is not an expense that can be avoided but, through a claim or lawsuit, those persons responsible for the incident may be held responsible.

Contact the Law Offices of Jason T. Corsover to learn how a Plantation injury lawyer can help you.

Negligence commonly arises in personal injury cases. The person may have not intentionally set out to cause harm, but their lack of precaution, reasonable foresight and consideration of the safety of others makes them responsible for the incident occurring in the first place.

While some incidents are done intentionally, the court still looks at each person's actions and if there was a lack of reason. If it believed that they did not show the caution that an average person would have, they may be viewed as negligent. Some circumstances are out of our control and it may have been a genuine accident that was unavoidable. It will be up to the insurance company or court to determine what they believe took place.

Situations in Which Negligence Can Arise

Negligence can occur in almost every setting. This is an area that can branch out to practically any personal injury scenario. Sometimes negligence takes place in the hospital. This is a common reason for medical malpractice cases, when a healthcare professional is not cautious enough and their failure to meet certain standards leaves the patient dealing with the ramifications. A driver can be negligent when they get behind the wheel by failing to notice other cars around them, making unsafe lane changes or speeding. Other times it may be a dog owner that does not train or keep an eye on their dog as they should, and as a result someone is attached.

The poor judgment and actions of another person should not be able to leave an innocent person dealing with the costs, on top of the harm they have already had to endure. Injuries are incredibly expensive and even smaller ones can come with a higher bill than may be expected. An initial stay in the hospital can lead to thousands in medical bills, and there are many victims that will require far more than just the initial visit.

Proving Negligence

The first thing that will need to take place in a case is determining which party was negligent. Some cases are more obvious, while others will take further investigation. It may be the city government that failed to repair the sidewalk or the owner of a pool that did not provide safe grounds.

Next, it will need to be demonstrated to the court or insurance company that the person had a responsibility. This may be a doctor that took an oath to provide a certain standard of quality care. Then it will need to be shown that the responsibility was not met and has a result, the accident leading to the injury took place. The responsibility may even be exercising reasonable caution, such as a driver that is attentive. Depending on the circumstances, there are various ways that evidence can be sought to support this point.

Why It Is Important to Establish Negligence in an Personal Injury Claim

Since these situations can have serious financial effects, establishing negligence is incredibly important. If adequate funds can be obtained through a claim or lawsuit, they may be used for medical bills, lost wages and other pain and suffering.

Sometimes negligence leads to a wrongful death case and in these situations it will be the family that is left paying the cost. This may be the medical expenses prior to their loved one dying, costs for a funeral and burial, or even a loss of income if the deceased person was the main provider in the family.

If you are the victim of an accident that was the fault of another person, or you have a loved one that is facing injuries, turn to a Plantation injury attorney to represent you. We have lengthy experience in these situations and are able to provide our clients with what they need most; a strong advocate and support system.