Negligence From A Legal Perspective: What Does It Mean?

The word "negligence" is used frequently in legal circles. Proving negligence is common in personal injury cases. Since it is such an important aspect of personal injury law, our Lake of the Ozarks attorneys are taking a moment this week to help you get a better understanding of what exactly negligence is and how it relates to different situations.

What Is "Negligence"?

 The dictionary at Law.com gives two primary definitions for negligence:
  1. n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances
  2. n. taking action which such a reasonable person would not

According to this definition, negligence is a careless act that places someone (or multiple 'someones') in danger unnecessarily. The consequences of negligence may range from mild to severe, depending on the circumstances. Negligence may result in a mild accident (such as minor case of whiplash from a driver rear-ending the car in front) or a catastrophic incident (such as a doctor inadvertently administering a lethal dose of medication).

Negligence As It Relates To Personal Injury

Negligence plays a crucial role in personal injury cases, as it must often be established in order for the plaintiff to be awarded compensation for his injuries. In order to build a strong personal injury case, you must often prove that your injuries were directly (or in some cases indirectly) related to someone else's negligence. Some examples of negligence may include the following:
  • You were injured at work because your boss failed to maintain the safety equipment at current industry standards.
  • You were injured in a car accident because the other driver was driving drunk or recklessly.
  • You were injured while correctly using a product because the manufacturer did not complete the necessary safety tests.

If you can prove that your injury was no fault of your own, and was instead caused by another party's negligence, you may have the grounds for a successful (and in some cases very lucrative) personal injury case.

Why You May Need To Prove Negligence

The remedy in a personal injury cases is for the injured party to receive financial compensation for his injuries when they were caused by another party. Therefore, individuals often pursue personal injury claims when injuries were caused by another person.

If you can prove negligence, you may be awarded damages for your injuries. You will likely need to prove that the defendant failed to exercise reasonable care or acted carelessly, and that your injuries were the result.

Injuries Aren't Always The Result Of Negligence

Injuries caused by negligence are, by definition, accidental. Common sense tells us that not all injuries are purely accidental, so from a legal perspective, it is important to understand the difference between negligent injuries and intentional ones. Personal injury law most commonly deals with injuries that were caused by negligence. If the injuries were intentionally inflicted by another, you may not succeed in a personal injury claim.

Phillips McElyea Can Help You Prove Negligence

As with many aspects of the legal field, proving negligence of another is often easier said than done. If you have been injured at the hands of another, we encourage you to seek representation from a Lake of the Ozarks personal injury attorney for help building your case. Our team can help you examine the big picture surrounding your injuries in order to build a strong defense. For more information about our personal injury services at the Lake of the Ozarks, visit our website at www.pmcwlaw.com.
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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