What Is and Isn't Negligence?
Posted By Givens Givens Sparks || Dec 1, 2015
When a person feels he or she has a personal injury case, it is usually because they are injured at the hands of another person. It is important to understand what is considered to be negligence and what isn’t. At Givens Givens Sparks, our Tampa personal injury attorneys understand how to bring forward a negligence-based claim and prove the necessary factors. However, it is also important to understand that negligence may differ from certain wrongdoing and other adverse effects that may not be the fault of someone else.
Negligence cases are often based on four deciding factors: duty, breach, causation, and damages. Cases involving adverse effects don’t necessarily have these factors involved and are not similar in fashion. If you were harmed and wondering if the accident involved negligence, use these four factors to determine if you may have a case.
The first thing to analyze in a negligence-based claim is the duty of care owed from one person to another. Whether the at-fault party is a driver or doctor, the defendant in this type of case owes the plaintiff a level of care and is required to act in a safe manner. When this doesn’t happen, it is a breach of duty.
The breach of duty of care occurs when someone acts outside of caution with disregard for another person’s safety. This could include driving drunk or not paying close enough attention during a medical emergency. An act of recklessness would constitute a breach of duty and show cause for negligence.
In order to prove fault in a negligence claim, you must show that the act itself was the cause of the injury. This means that the plaintiff must prove that the negligent action taken by the other individual (such as drinking and driving) caused the accident and the related damages.
The final factor involves damages and the ability of the court to compensate a victim for injuries sustained. This often means any compensation for the medical expenses, property damage, or lost wages resulting from the accident.
At Givens Givens Sparks, we can walk you through the entire process and explain the various legal options available to you. It is our ultimate goal to help injured clients seek compensation if they fell victim to another person’s negligence. Call us today for your free case evaluation and learn how we may be able to help you.