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The Basics of Negligence in Personal Injury Law  

October 14, 2015 Personal Injury,Personal Injury FAQs

Negligence is any conduct that falls short of the standards of behavior as established by the law of the realm, to protect others from unreasonable harm or risk. A person is said to have acted in a negligent manner, if he or she has deviated from the conduct that is expected of a reasonably careful person, acting under similar conditions.

Two types of negligence

You should not suffer for someone else's negligence

You should not suffer because of someone else’s negligence.

Negligence is in effect a legal concept that is used to receive compensation for accidents as also injuries. It is in fact kind of tort and therefore a civil wrong, but it can be used as a criminal law too. Negligence can be divided into two levels, namely ordinary negligence and gross negligence. Ordinary negligence signifies that the responsible party has failed to show ordinary diligence. Gross negligence indicates that the responsible party has failed to show even the slightest diligence.

In general, negligent acts are unintended, but there are acts that are considered wanton, willful, and/or reckless. Then there are premeditated judgments that remain dangerously careless. A faulty building design, for instance can be counted as an act of gross negligence.

Some products are defective and so considered unreasonably dangerous such as the faulty buckles of a seat belt. The manufacturer might be liable, although the defective design was not deliberate. However, no law specifies that the manufacturer should produce products that are fully accident proof but the manufacturer should make the products free from unreasonably defective and dangerous conditions.

Negligence Lawsuit

A negligence lawsuit consists of four important factors that should be proved.

  1. The defendant has a duty, to the plaintiff/general public
  2. The defendant by his act of negligence violated that duty
  3. The defendant’s violation of his duty caused harm to the plaintiff
  4. The injury of the plaintiff was predictable by any reasonable person.

The negligent act should be the real reason for your injuries. This can be usually proved by the “but-for” test. “But for” the defendant’s negligent conduct, no injury would have been caused to sustain losses by another person. To cite an example, “but for” a person driving recklessly, no accident would have occurred or injury sustained.

In a negligence case, all damages caused by a negligent action should be proved prior to recovering compensation. These damages can be physical, such as personal injuries, and economic, such financial and monetary losses, or the combination of these two.

Negligence Legal Help

Negligence cases can be very complex and often hard to prove, conclusively. Moreover, there can be defenses that can prevent recovery. So if you or anyone in your family were involved in a negligence accident, it is wise to contact a negligence injury lawyer who can clearly explain the law to you, and if necessary, set up a case for you. Such a lawyer can represent you and help you to get compensation for your injuries, damages and/or any possible trauma from the defendant.

This is sure to save you a lot of trouble and running around. Our negligence injury lawyers at Rosenberg, Minc, Falkoff, & Wolff have the skills, resources, and expertise to successfully guide you all through the legal process. You can reach out to us at any of our offices in Astoria, Queens, New York City, and Brooklyn. Go ahead and take the first step by getting in touch with us at 212 697 9280. Remember, we are not paid until you are paid!