Are you the victim of a personal injury? Was the injury a result of negligence? If you are not sure how to answer these questions, the following information may help you. If it is helpful, it is imperative that you contact an attorney, like a Canoga Park personal injury lawyer, now to set up a consultation.
The legal definition of the term personal injury is physical or mental harm to an individual. There are many situations in which a personal injury might occur:
- A fall that leads to a hospital or doctor’s visit
- A car accident with major or minor injuries
- Environmental situations that lead to health issues such as lung damage and breathing problems like mesothelioma, asthma and bronchitis
- Occupational hazards resulting in physical issues such as chronic back and joint pain or psychological trauma causing symptoms such as depression, anxiety, irritability and difficulty sleeping.
Negligence is a failure to act with due diligence or prudence. In the eyes of the law, a person or company can be held accountable if they fail to act when there should be a sense of duty to change the situation and prevent harm or injury to another. The entire basis of a negligent claim hangs on the premise that the individual did not necessarily intend for the injury to occur but perhaps could have prevented it from happening in the first place. Personal injury due to negligence can be a very tricky case to argue since by the very definition, there is no overt intention to do harm. In fact, the negligent claim has specific components that must be considered before the case can even go to litigation:
- Duty- what is the relationship between you and the other party? Did they have a duty of responsibility to consider and care for you and your safety?
- Breach- How was the duty breached?
- Cause- Was the aforementioned breach of duty the cause of the personal injury or harm?
- Harm- some type of harm was caused by the breach of duty. Without harm, there is no case.
If you are a victim of personal injury and you believe it could have been prevented, there are steps you can take to make things right. You deserve to seek advice from professionals who can translate the confusing legal terms and the intricacies of litigation. Personal injury cases that are caused by negligence will likely involve insurance companies who have their own agenda. It is their job to settle cases quickly and for their own benefit, not necessarily considering what you have been through or the compensation owed to you, the victim. An experienced law firm may prove indispensable. The right law firm will understand the nuances of human action and inaction. Our team will represent your case in a moral and ethical manner that gets down to the critical fact that you have suffered and have the right to reparation.
Thanks to our friends and contributors from Barry P. Goldberg, PLC for their insight into negligence.