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Personal Injury Negligence – What does it mean?

Negligence is a term used for acts of carelessness or neglect

A vast majority of accidents causing serious injury happen due to acts of negligence. Whether Involving car accidents on highways or serious workplace injuries, failure to follow rules is one of the main causes of severe accidents. When someone has failed to take necessary actions in order to protect others from harm, the guilty party is considered guilty of negligence. Persons injured by the careless and negligent act of others are legally entitled to compensation for their losses. Kahler Personal Injury Lawyers understand the intricacies of Tort law (civil wrongs) and established expertise with the complexities involving accidents caused by negligence.

On the Roadways

Drivers must adhere to the law and keep safe control of their vehicle at all times. Accidents caused by failure to follow road signs and traffic lights, passing on a hill or speeding in a quiet neighbourhood could all be considered acts of negligence. Other examples of negligent behaviour in traffic accidents include passing a school bus when stopped with lights flashing or failure to take due caution around emergency vehicles at the scene of an accident. Accidents caused either by driver error or mechanical failure may be considered acts of negligence in situations where the driver was aware of faulty brakes, steering or other issues necessary for road safety. Drivers have a responsibility to drive safely and to maintain proper care of their vehicles.

Negligence is often the cause of injury in traffic accidents involving fender benders, pedestrian accidents, motorcycle accidents and car accidents. The injured person has the right to obtain legal assistance. If fault is proven, the driver is responsible for covering financial assistance and damages incurred. If you or someone you know has suffered injury due to the negligent behaviour of someone else, you are eligible for compensation for your losses.
Accidents due to negligence can happen anywhere

Although many serious injuries involve motor vehicle accidents, others are caused in the workplace or schools. Negligence is often the cause of injuries suffered during recreational activities such as snowmobiling, cycling or outings with atv’s.

The victim of serious injury may be eligible for monetary compensation regarding physical injury, damages to personal property, harm to financial status or harm to intimate relationships. The victim’s lawyer must be able to provide and satisfy enough proof of negligence on the part of defendant. Accidents happen quickly, details can be complicated and negligence is often difficult to prove. In serious personal injury cases, involving negligence, it is essential to have an experienced personal injury lawyer acting in your best interest.

There are four elements necessary to prove negligence:

  1. Duty of care
  2. Breach of care
  3. Causation
  4. Damages

Duty of care: Each member of society has a responsibility toward others. Individuals must take reasonable care in acting in ways that keep others and their property safe. Failure to do so is regarded as breach of care.

Breach of care: If an individual engages in any type of activity that poses a risk towards others this act is considered breach of care.

Causation: When serious injuries are caused due to breach of of care, it must be proven that damages were caused due to the negligence of someone else.

Damages: This includes any harm sustained by the individual or damage to the individual’s property. Compensation for damages includes medical treatment, payment for loss of pay at work and any other costs associated with the outcome of the injury. Damages may include harm to future opportunity or harm to intimate relationships.

It is essential to consult an experienced personal injury lawyer if you are a victim of negligence.

For advice on how to deal with such incidents please call the Personal Injury Lawyers at the Kahler Firm toll free at 1.866.739.7702 24 hours a day, seven days a week.

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