What Is Negligence?

Negligence comes from the Latin meaning, “Not to pick up” and it makes perfect sense in certain personal injury lawsuits. Many legal laws are based on someone being liable because they were negligent and did not “pick up” something, resulting in injury.

For example, if a storeowner does not “pick up” something lying on the floor and someone slips, falls and injures themselves, the owner is liable for negligence.

In cases where negligence is evident, there are lawyers who are specialists in proving negligence in the court of law.

How negligence works in personal injury lawsuits
In personal injury lawsuits, someone is negligent because they don’t do what a reasonable person would do to keep the injured party out of harm’s way, especially when the negligent person is aware of that possible harm. It is called Duty of Care.

If someone comes to your business or even home, it is your duty of care to protect others visiting from foreseeable harm, if you can prevent that harm. If not, someone is negligent and the injured party can obtain the legal services to help with their injuries.

If an injured person hires legal counsel to prove that someone acted with negligence to cause their injury, they can obtain compensation for the expenses the injury brought on.

Proving a personal injury lawsuit for negligence can entitle the injured party to compensation including for:

• Actual injuries
• Hospital bills
• Lost wages
• Mental status and anguish
• Ruined property during accident

The compensation in a negligence case should have the injured party in the exact same situation they were in before being hurt. A personal injury attorney will work to get you back to the healthy situation you were in before the accident.

There are four elements of a personal injury lawsuit

In a negligence case you must prove four things to be successful, which include:

• That the party being sued actually had a duty of care to you
• That the party being sued failed to provide that duty of care
• That the negligence led to the your injury  
• That there is an actual injury that can be documented

Types of Negligence
There are numerous types of negligence that give you a standing to pursue a personal injury lawsuit.

Types of negligence include:

• Vehicle accidents (Someone texting or on their cell phone)
• Defective products (Products recalled that are causing harm like Hydroxycut and Icy Hot)
• Medical malpractice (Surgical errors)
• Nursing home negligence (Bed sores, abuse)
• Slip and fall injuries (Premises Liability)
• Exposure to toxic materials (Asbestos and mesothelioma)

Families of the victim of negligence can also hire a personal injury attorney to sue for wrongful death in negligence cases. Many families are left without a mother or father because of the negligence of another party.

Potential Recovery due to Negligence
Negligence, due to the serious nature of the injuries involved, can result in large settlements from the assistance of a personal injury attorney.

Defective Products – a man received a $3.5 million settlement, when he severely injured his back after falling more than 10 feet off a ladder, which had been defectively manufactured.

Vehicle Accidents – A mother of two got a $2.1 million settlement for injuries that took place when a drunk driver ran a red light at 60 mph and crashed into the woman’s car causing terrible injuries to the entire body. Part of the settlement was needed just for rehab purposes.

Medical Malpractice – A family was awarded $2 million when a doctor failed to perform a certain blood test that was very routine during a woman’s pregnancy, which resulted in the child being born with major defects.
In some instances, a personal injury lawsuit for negligence is filed mainly to get you back on your feet, in other cases, it is to hold the negligent party responsible. Either way, seeking out the guidance of an accident lawyer is crucial