Overview:

When you do not give enough care or attention to someone or something, you are supposed to be negligent. Negligence is generally defined as; conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risk of harm. It means doing something that is not normally done by a reasonable person, or the failure to do something that an ordinarily reasonable person would do under the circumstances. Before discussing the types of negligence, first we have to define a ‘Reasonable Person’. Legal standards of behavior are based on the fact that how a reasonable person acts in some particular situation as compared to an average person. Those responses that are defined as reasonable are those based on society’s judgment of how a person should act, rather than how a typical person can act. The only standard that is considered in the court is a reasonable person’s standard. But professionals like doctors, pilots, attorneys and other people with specialized trainings are held to a higher standard of care than the average person in society. These people take oaths in their professions and need to maintain that in their lives.


Types of Negligence

There are four types of negligence as,

• Professional Negligence
• Breach of Duty
• Injury
• Proximate Cause

Common Negligence Claims

The following causes of action are usually based upon theories of negligence:

Car Accident Cases – In most of the car accident cases the litigation proceeds on the point that the defendant was negligent while driving the car.

Dog Bite Cases – In dog bite cases owner of the dog is held liable for the negligence and the claim is based on that the owner of the dog knew or should have known the dangerous propensities, and if he/she would have take proper steps to eliminate the danger, the plaintiff could have been protected from being bitten by the dog.

Premises Liability (Trip / Slip and Fall) – It is based on the allegation that the premises owner did not exercise proper care to prevent visitors from any hazard.

Malpractice - Professional negligence claims allege that a professional; a doctor or lawyer, failed to fulfill a duty to the plaintiff in a manner consistent with the standard of care owed by the professional.



Proving Negligence

There are four primary elements which need to be viewed and covered thoroughly while considering negligence lawsuits that are; duty, breach of duty, causation and damages. When you feel that you are at right to file a Negligence Lawsuit, it is wise to hire an experienced Negligence Law Attorney.

1. That the defendant had a legal obligation to behave or refrain from behaving in a particular manner.
2. That the defendant failed to fulfill this obligation by acting inappropriately, thereby causing your personal injury.
3. That the defendant's legal breech of conduct caused your personal injury.

Statute of Limitation

The time allowed to file a lawsuit is called the Statute of Limitations. Statute of Limitation depends upon where the injury occurs because Statute of Limitation varies from state to state and has different rules regarding the filing of lawsuits. Most states have a two-year Statute of Limitations, which means that a lawsuit must be filed within two years of the date of injury. However, some states have only a one-year Statute of Limitation and other jurisdictions have a three-year, or more, Statute of Limitations.


Damages for Negligence

Damages are generally compensatory in nature, not punitive. This means that the amount paid matches the plaintiff’s actual loss and in the case of physical injury, damages are paid to compensate pains and sufferings. Court is not intended to punish the defendant but the damages should be sufficient to put the plaintiff in the position they were before the tort.

The award of damages may include the following heads of damage:

Special damages – Special damages means the losses that is suffered from the date of the tort up until the date of trial and which is defined in monetary terms.

General damages – General damages include actual pain, suffering, and loss of amenity caused by the negligent act. It also includes expected future losses from the date of trial (e.g. continuing pain and suffering, and loss of earnings). Where the plaintiff/claimant proves only negligible loss or damage, or the court is unable to quantify the losses, the court may award nominal damages.

Punitive damages – Punitive damages are awards of amounts greater than those needed to compensate the victim and are intended to deter intentional, usually malicious, wrongdoing. They are not available where only negligence has been proved.


How much a Negligence Attorney Costs?

It depends. Most claims are resolved through negotiation and settlement. However, each personal injury case is different and many claims do involve filing a lawsuit. Until the facts of your specific claim are reviewed, this question cannot be answered. However, having a good, competent personal injury and wrongful death attorney, with effective courtroom skills, will allow a claim to proceed in a smooth fashion.