Negligence is a legal concept that has been around for many years. It’s also something you probably encounter on a regular basis but may not recognize as such. If someone breaches the standard of care or fails to meet reasonable standards of conduct in a situation that results in an injury, they are being negligent.
Understanding negligence is important when considering bringing a personal injury lawsuit against another individual or business. Negligence can be tricky because it requires identifying and understanding standards of care under different circumstances.
If you find yourself in a situation where another party’s negligence has caused injury, this article will help you understand if filing a lawsuit would be appropriate.
What Constitutes Negligence?
To establish negligence, one must first identify the standard of care that was taken. The standard of care is the level of care that a reasonable person would use in a specific situation or environment.
This standard may vary from situation to situation and from profession to profession. For example, a reasonable standard of care while driving is to drive at a safe speed, drive defensively, and to avoid distractions such as using a cell phone.
A reasonable standard of care while performing surgery entails doing everything you can to keep the patient safe. Making jokes and being careless with medical equipment while performing surgery would violate the standard of care, and if the patient suffers an injury because of such negligence, the physician can be sued.
Whether it’s a doctor or a drunk driver, whenever an individual breaches the standard of care, they are being negligent. Negligence can be more than failing to meet a certain standard of care. It can also include circumstances where an individual causes an injury on purpose or fails to act when they should.
How Can Negligence Lead To Personal Injury?
Negligence typically leads to personal injuries by causing accidents. Accidents can occur when one or more parties are negligent. Most accidents can be attributed to one or more parties being negligent.
There are a number of different scenarios where negligence can lead to accidents. These include:
- Auto Accidents – Negligence in auto accidents usually involves driving too fast for the road conditions, failing to stop at a red light or stop sign, or driving while drowsy.
- Slip and Fall Accidents – Negligence in slip and fall accidents usually involves failing to clean up spilled materials, failing to put out hazard warnings, or failing to properly maintain the property.
- Product Liability – Negligence in product liability cases is usually related to failing to adequately test a product before putting it on the market or failing to provide proper safety instructions.
- Medical Malpractice – Negligence in medical malpractice cases typically involves a healthcare provider failing to follow his or her profession’s standard of care.
When Can You Sue for Negligence?
Sometimes it’s clear that another individual or business acted negligently. If they breached the standard of care and resulted in your injuries, you may have a valid personal injury lawsuit. If you want to sue for negligence, you will need to prove that someone else was negligent and that their negligence caused your injuries.
Depending on the type of negligence involved, this can be difficult to prove.
- Auto Accidents – In auto accidents, the negligent party is often the driver at fault. Those who are injured in the accident may have a strong case for a personal injury lawsuit against the at-fault driver if they can prove that the driver was negligent.
- Slip and Fall Accidents – In slip and fall accidents, negligence may be on the part of the property owner or someone in charge of the property. If there were hazards on the property that were not addressed, or if there was a general failure to keep the property clean, the property owner could be found negligent and sued for damages.
Filing a Personal Injury Lawsuit
If you are considering suing for negligence, you should be sure that you have a strong case before taking someone to court. In general, you will need to prove that the other party breached the standard of care and that their actions or inaction caused your injuries to occur.
It’s important to understand the nature of your injuries and the legal options available to you. Understanding negligence is the first step toward bringing a successful lawsuit. If you’re in the process of filing a personal injury lawsuit, it’s also important to understand your rights as an injured party. Talented personal injury lawyers like Marc Anidjar can help you gain a deeper understanding of your rights and how to proceed with the suit.
Have You Been Injured by Someone Else’s Negligence? Call Anidjar & Levine!
In conclusion, understanding negligence is important because it can help you determine if another party is at fault for your injuries and whether you should sue them or not.
Once you’ve determined that you’re owed damages, you’ll want to find a good personal injury lawyer. To find a personal injury lawyer in the state of Florida, look no further than the Law Offices of Anidjar & Levine. Remember, if you have sustained a serious injury through no fault of your own, you deserve to be compensated by whoever is responsible for the damage you sustained.
We don’t aim for easy settlements; we keep driving the case until we win the kind of compensation that our clients truly deserve. If you have been injured by someone else’s negligent actions, you can get the help you need to secure fair compensation by working with a personal injury lawyer from Anidjar & Levine.
In an Accident? The Law Offices of Anidjar & Levine Can Help.
Our injury attorneys assist people in Florida who have been injured in traffic accidents caused by negligent drivers, road rage, and more. Contact us today to explore your legal options and determine if you qualify for financial compensation. You may be able to collect compensation for medical bills, loss of wages, disability, and other losses related to your injuries.
We Can Help.