Negligence is generally defined as the commission of a civil wrong, a tort, which accidentally causes injury to somebody because of failure to perform an expected duty with care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance.
Statistics show that almost half of the personal injury cases result from negligence.
Negligence may result to the following:
Traffic collision
Premise liability accidents
Accidents due to hazardous property conditions
Slip and fall accidents
Animal attacks
Dog bites
Machine accidents
Consequences of General Negligence
Cases of general negligence may result to damages. The plaintiff is entitled to several types of damages. Some of these damages are:
Compensation for medical bills and continuing medical expenses
Reimbursement for victims loss of wages
Lost or diminished earning capacity
Pain and suffering, future and past
Recompense for the emotional and mental distress
Disability and disfigurement
Cost of property damage
Restitution for other non-economic looses
In some cases, courts order the payment of punitive damages. This kind of damages is awarded if the action of the defendant is malicious, wanton and reckless. Punitive damages are awarded to prevent others from committing the same act in the future.
Elements of General Negligence
It is important to note that not all negligence cases results to liability. In order to establish your claim, you need to prove the following elements.
Duty The laws on negligence and personal injury provide that it is our legal duty to act with reasonable care to prevent others from being harmed and to provide security for them.
Breach of Duty This occurs when the defendant failed to act in a manner believe to be reasonable and safe.
Causation it is necessary to prove that the action of the defendant is the proximate cause of the injury suffered.
Damages This refer to the monetary benefits available to the plaintiff if the elements mentioned above are proved.
In addition, general negligence cases require the plaintiff to establish in his or her claims that:
The action of the defendant is totally out of control
The action of the defendant is the proximate cause of the accident
There is a connection between the defendants action and the injury suffered by the plaintiff
Statute of Limitation in Negligence Cases
When planning to file an action it is important to refer to your state statute of limitation. Every state has its own statute of limitation laws. This law will provide you the period granted by law to enforce your right against the defendant.
It is important to take note the law of statute of limitation to protect your right from being barred. This means that your right to file the action has lapsed and you cannot be allowed to file the same action in any court anymore.
Preventing Negligence
According to the authorities, grave injuries and death arise from negligence. Therefore, as provided in the law of torts every person must in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
Source: http://www.ArticlePros.com/author.php?Maribel Roncales
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