subject: Elements Of General Negligence [print this page] Accidents are often not just mere coincidences but the results or consequences of irresponsible or careless behavior. General negligence is defined as a general failure to act as a reasonable person would under the same circumstances. For the purposes of a personal injury claim, a person is negligent when they cause an injury to another person due to their own unintentional actions.
In order to prove the grounds for doing such negligent acts, there are four elements of law injury you have to prove. These are duty, breach, causation, and damages.
Negligence is usually the cause of personal injury cases like wrongful death, animal bites, defective products and premise liability among others. You can recover damages with the following elements:
1. Defendants duty to observe care
2. Defendants failure to observe reasonable care.
3. Defendants act causes damage to the plaintiff.
4. Damage is due to defendants breach of duty.
Pursuing a Negligence Case
You have to claim and prove all the elements abovea prerequisite to have a strong case against the negligent party. Accusations and evidences are pretty overwhelming. And the knowledge or skills are needed in order to push through with the demand. Consulting a lawyer will guide you all throughout the processespecially if you feel that youre rights as a citizen was violated.
There are some situations when the people involved are hesitant to file charges against the negligent parties. But then if you dont file a case, it may harm you more than the financial or physical aspect. Even mental distress and psychological pain are considered as physical infliction.
You have the right to be given law protection and make the other party pay for what they did. Lawyers have the clear understanding of someone who got involved different general negligence cases.
A general negligence attorney primarily represents individuals who have suffered personal injuries because of the negligence or lack of care and precaution of another or individuals whose personal injuries were brought about by the violation of his or her constitutional rights by another person.
The general negligence attorney clearly understands the physical and emotional pain and sufferings being experienced by the victim. It is advisable for victims to act right away when it comes to filing cases against the negligent party.
