Facts On Negligence

What Is Negligence?

When the topic of personal injury comes up, generally negligence will also be part of the discussion. When accidents occur, there is usually someone at fault. So what is negligence exactly? Simply put, there is someone who should have known better, but either intentionally or unintentionally made an error and caused harm to another person. Many people carry insurance to protect themselves in such situations. As explained in an article on Suite101, people buy all different kinds of insurance to protect themselves in the event that they are found to be negligent in some sort of personal injury circumstance. We have home insurance, car insurance, business insurance and many other types available to us.   

A person is found to be negligent if it is determined that reasonable care to prevent the situation was not used. There are a number of different types of compensation that may be awarded to a plaintiff who has been harmed in a personal injury situation. Compensatory damages are meant to balance costs incurred by the accident; they cover things such as repair costs, medical expenses, and sometimes an amount determined to reimburse for pain and suffering. In a situation where the negligent party intentionally caused harm, the plaintiff is entitled to compensation for expenses, but in addition, can usually seek punitive damages which are meant as a form of penalty to the defendant for purposely causing injury. If a person is involved in activities known to be dangerous and inadvertently harms someone in the process it may result in a strict liability case. Also, manufacturers and retailers who have sold defective products can have a strict liability case brought against them if the product causes injury. In these cases compensatory and sometimes punitive damages can be sought.

In a personal injury case the plaintiff has the responsibility of proving that the defendant was liable for the injury. The plaintiff must do this by showing that the defendant did not take appropriate care or possibly performed some action that she was not qualified to execute. The claim of psychological trauma alone is not accepted as confirmation of injury; there needs to be evidence of real harm. The evidence also must directly tie the defendant to the injury in question. There is a great deal of debate over negligence in personal injury lawsuits. It can be a complex area, and one that is best left to an experienced attorney to sort through.

If you have been injured as the result of someone else's negligence it is in your best interest to speak with a qualified attorney who has experience in personal injury cases. We are a Texas personal injury law firm with an extensive background in this area and would be happy to look over your case free of charge.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT
1-877-405-4313