N

  • Negligence
Negligence Legal Definition

© Pribanic & Pribanic

Negligence legal definition: Negligence is defined as the failure to exercise the level of care that a reasonable, competent person would under the same circumstances. Proving negligence is crucial to a successful personal injury claim.

 

Tell Us What Happened: 800-392-4529

Tell Us What Happened

800-392-4529

***NO FEE$ UNLESS YOU WIN***

Negligence and Car Accident Cases

Most car accidents are the result of negligence. If you were injured in a car accident that you believe was caused by the negligence of another driver, your ability to recover legal compensation will be dependent on whether or not you can prove:

  • The defendant was legally bound to exercise reasonable care – which all licensed drivers are required to do
  • The defendant failed to exercise a reasonable amount caution
  • The injuries suffered were a direct result of the defendant’s careless conduct
  • The plaintiff suffered an actual injury that resulted in actual damages (i.e.: medical bills, lost wages from time off work, etc.)

There are myriad ways a driver is negligent. Examples include:

  • Speeding
  • Failing to comply with traffic devices (i.e.: traffic signals, stop signs)
  • Failing to comply with traffic rules (i.e.: failing to yield, making an illegal right on red, driving on the wrong side of the road, etc.)
  • Driving with a suspended or revoked license
  • Failing to properly maintain a motor vehicle (i.e.: knowingly driving with bad brakes)
  • Driving under the influence of alcohol or drugs

 

Negligence and Medical Malpractice Cases

Proving that a doctor or medical care provider was negligent in their treatment is only one aspect of a successful medical malpractice case. Negligence in medical malpractice cases can take many forms, including:

  • Failure to make a correct diagnosis
  • Failure to make a timely diagnosis
  • Failure to provide proper treatment
  • Failure to provide adequate aftercare 

However, in order to successfully recover legal compensation for medical malpractice, an injury victim must prove that a doctor was more than just negligent: They must also provide evidence that the doctor or healthcare professional’s negligent behavior violated the medical standard of care. 

Victims of medical mistakes must also prove the doctor’s negligence caused their injury, and that their injury resulted in significant damages.

Medical malpractice cases, and the role that negligence plays in them, is best understood with the help an attorney. If you or someone you care about was the victim of a medical mistake, don’t delay – call and set up a free legal consultation with a lawyer from Pribanic & Pribanic today.

 

Negligence and Personal Injury Cases

People who’ve suffered a personal injury may be entitled to legal compensation for their medical bills, lost wages, and more if their accident was caused by the negligent conduct of someone else. To prove negligence, though, a personal injury victim must be able to prove four things:

  1. The person who caused your injury had what’s known as a “duty of care.” Essentially, duty or care relates to whether or not the person who caused the accident was required by law, professional conduct, or statute to avoid injuring others.
  2. The person who caused your injury breached their duty of care.
  3. The person’s negligent conduct was the actual cause of your injury.
  4. The injury caused significant damages (i.e.: medical treatment, missed work, emotional distress, etc.)

Claims for negligence come into play in nearly every type of personal injury, including those involving:

  • Car accidents
  • Medical malpractice
  • Slip and fall accidents
  • Defective product cases

 

Negligence and Workers’ Compensation Cases

The Pennsylvania Workers’ Compensation Act dictates that employees hurt on the job are eligible to receive replacement wages and medical benefits regardless of who was at fault for the accident that caused the injury. That means that unless the injury was caused by gross or willful negligence on behalf of the employer, the employee cannot file a personal injury lawsuit to recover legal damages.

 

Sources:

https://www.law.cornell.edu/wex/negligence 

https://www.nolo.com/legal-encyclopedia/car-accidents-caused-by-negligence-29537.html

https://www.alllaw.com/articles/nolo/medical-malpractice/negligence.html 

https://www.abpla.org/what-is-malpractice 

https://www.alllaw.com/articles/nolo/personal-injury/proving-negligence.html 

 

Return To Legal Glossary

“If someone has a serious case, they will get a great effort and a great outcome working with us,” award-winning attorney Victor Pribanic of Pribanic & Pribanic told Best Lawyers Magazine.

If you’ve been injured call or contact us online for immediate assistance: 800-392-4529

pribanic & pribanic peer review rated law firm
Peer Review Rated logo for Excellence in Personal Injury LawPeer Review Rated logo for Excellence in Personal Injury Law
pribanic & pribanic the american society of legal advocates logo
The American Society of Legal AdvocatesThe American Society of Legal Advocates
best lawyers pittsburgh
Top Listed in Best Personal Injury LawyersTop Listed in Best Personal Injury Lawyers
Top 100 Trial Attorneys
National Trial Lawyers Top 100National Trial Lawyers Top 100
pribanic & pribanic super lawyer logo
Super Lawyers Award for Excellence in Medical Malpractice LawSuper Lawyers Award for Excellence in Medical Malpractice Law
pribanic & pribanic best lawyers in america logo
The Best Lawyers in America for Pribanic & PribanicThe Best Lawyers in America for Pribanic & Pribanic
0
100+ YEARS OF COMBINED EXPERIENCE
Fill out my online form.

Start typing and press Enter to search

Call Now Button