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.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax

Like Us on Facebook
Location: Camdenton, MO 65020, USA

Comments

Post a Comment

Popular posts from this blog

5 Reasons To Hire A Criminal Defense Attorney

Image
Criminal charges can turn your life upside down. If you are found guilty, you can suffer numerous consequences, including fines, imprisonment, and effect on your permanent record. If you are facing criminal charges, hiring an experienced criminal defense attorney can make a world of difference. Consider these reason why you should hire a criminal defense lawyer to represent your case. 1. Your Attorney Understands The Law It's no secret that the legal field is complex. Every law has exceptions, and every circumstance has different specific requirements. You need a criminal defense attorney that has experience dealing with these minute details and can help you use them to build a solid case. 2. Your Attorney Knows The Scene The Missouri Courts are like a world of their own. Each court has its own set of rules, social norms, and strict guidelines governing what behavior is and is not acceptable. If this is your first court case, you can not possibly know all of these unspo...
Read more

Legal Tips to Be Aware of When Entering Into a Marriage

Image
Congratulations! It is 2019 and this is the year you are getting married. Among all of the wedding planning, you probably haven't had time to think about the legal side of getting married. While it is not the most glamorous side, it is worth taking a look into. For example, has your fiance brought up the notion of signing a prenuptial agreement (prenup)? It is best to know what all comes with a prenuptial agreement and the advantages and disadvantages of choosing to sign one. Our attorneys at the Lake of the Ozarks are here to give you a few legal tips to be aware of when entering into a marriage. If you find yourself need a prenuptial agreement drawn up, call Phillips, McElyea, Carpenter, and Welch   today for your free consultation at 573-346-7231. Legal Tips to Be Aware of When Entering Into a Marriage Do You Plan to Legally Change Your Name After You Get Married? If you plan to change your legal name after marriage, here is what you need to do. According to the Misso...
Read more

Global Entrepreneurship Week: 5 Tips For Aspiring Entrepreneurs

Image
We live in a business-oriented society. From buying groceries to traveling internationally, we rely heavily on local, national, and international businesses for many a spect s of our lives. We have become so accustomed to using these businesses in our day-to-day lives that we now take many of them for granted. No matter how big a corporation is, it's important to realize that every business started out small at some point in time. Every business - even those with thousands of employees - originally began simply as an idea in the mind of one forward-thinking individual. Global Entrepreneurship Week USA We owe entrepreneurs a great debt of gratitude for the roles they have played in shaping our society, our culture, and our nation. Next week (November 14-20, 2016) is designated as Global Entrepreneurship Week USA in recognition of the importance of these forward-thinking individuals. In honor of this important week-long observance, our business attorneys in Camdenton MO ...
Read more