Understanding Negligence

Negligence: The Basis for All Personal Injury Cases

When we are asked about the areas of law that our firm practices, the initial answer is simple: Personal Injury or, cases involving injuries to a person.

As a Personal Injury law firm, we represent the individuals and families of individuals who have been injured as a result of the negligent or unlawful actions of another person, company, government agency or other entity.

In order to pursue a Personal Injury case, negligence must be established, and here’s where you will need the counsel of an experienced attorney. Proving negligence can be more difficult than you might think.

Simply speaking, negligence describes a situation in which a person acts carelessly, resulting in someone else getting hurt. In a legal sense, the act of being negligent is determined by the level of care exercised – or failing to do something altogether – compared to what a “reasonably prudent person” would have done in the same or similar circumstances.

Duty:    establishing that there was a duty of care owed by the Defendant to the Plaintiff

Breach:    establishing that the Defendant breached that duty by failing to act appropriately

Cause:    establishing that the Plaintiff’s injury was a reasonably foreseeable consequence of the defendant’s actions – or lack of action

Damages:    establishing that the Plaintiff suffered an injury, and the amount of compensation due

Knowledge and Experience

To prove negligence, the plaintiff must demonstrate Liability and Damages. Generally speaking that includes four elements: Duty, Breach, Injury, and Cause. The first three having to do with liability:

In Attorney Ron Smith’s more than 25 years of Personal Injury law experience, he has provided legal counsel for a vast list of injury types and [all of – or – a majority of?] those cases involve proving negligence. This experience, backed by his philosophy of treating each and every client with dignity, respect, and compassion you can trust he and his team will do what it takes to get you the compensation you deserve for the losses suffered as a result of any kind of injury.