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• Negligence

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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.

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 

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Read more from Pribanic & Pribanic:

• Gross Negligence Legal Definition

• A Medical Error: When Doctors & Nurses Commit Negligence

• Failure to Diagnose a Health Problem