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Our San Diego Personal Injury Lawyers Discuss Negligence

This entry was posted on Wednesday, February 3rd, 2016

Posted in News & Articles | Posted by:

gavel stethoscopeIf you have been injured in an accident, the first thing that you should do is to seek medical attention immediately. After your injuries have been attended to, contact your San Diego personal injury lawyers to schedule a consultation regarding your accident. Your experienced San Diego personal injury lawyers will be able to tell you if you may be eligible for compensation depending on the circumstances of your accident. Depending on the nature of your accident, it is possible that negligence is at the root of the cause. Establishing that negligence was the cause of the accident can be complicated and complex, however. The following information provided by your San Diego injury attorney will discuss what negligence is and how it can be established in a personal injury case. If you find that you have further questions after reading the following information, contact your San Diego personal injury lawyers to set up your consultation.

What Is Negligence?

Negligence is defined as a failure to exercise a degree of care that is required by law to protect other people or their interests that could end up being seriously injured by the want of such care. As you can see by the definition given of negligence, it can be a difficult thing to prove in a personal injury case. As your personal injury attorney will inform you, in order to be able to even pursue a lawsuit in negligence, it must establish four elements that are required by law to be present in order to be considered a case of negligence. Those four elements are as follows:

  • Duty
  • Breach
  • Causation
  • Damages

Duty

Whether it is an individual or an organization, they both have a legal obligation, or duty, to stick to a reasonable standard of care while doing any acts that could potentially harm any others. An example of reasonable duty would include not driving our car into another person’s car, not to set fires near other’s homes where it could cause damage, or set off fireworks into a crowd of people. The duties that we have an obligation to can be codes, written laws, or common laws.

Breach

A breach is when the duty has been violated. It is when an individual or an organization does not do what the reasonable standard of care dictates what they should do in a situation. So that means when someone does crash into the back of your car, set your house on fire, or hit a crowd of people with fireworks, then the duty of care has been breached.

Causation

Intent is not enough, the act has to actually cause harm as well. Causation links together duty and the breach of duty. If a car rear-ends another, but there are no injuries, then there is no causation because there is not a link between the act and an injury. However if there is is an accident and the person in the car suffered from whiplash, then there is a link and causation can be proven.

Damages

Much like causation, there also needs to be proof that the injury was a direct result from the actual breach of duty. Just being emotionally upset that something occurred that could have potentially caused harm will not be enough to claim negligence. In the majority of cases, someone will need to have actually suffered from an injury. Using the car accident as an example, while someone may be startled, anxious, and upset, they also may not have actually suffered from any physical injuries from the accident – no actual damages. However, if someone suffered from whiplash, broken bones, contusions, lacerations, or any other serious injuries that caused them to have medical bills as well as pain and suffering, then they will have sustained damages.

Consult with a San Diego Personal Injury Attorney

A personal injury lawsuit is quite frequently complicated and complex, especially when you are dealing with negligence. When dealing with a negligent personal injury case you need a dedicated and experienced personal injury attorney San Diego residents trust on your side. Contact the reliable and experienced professionals today from George Charles Heppner – San Diego Personal Injury Attorney at (888) 503-6473. George Charles Heppner – San Diego Personal Injury Attorney has the skills, dedication, and knowledge to help you fight for the best possible outcome in your personal injury case. Call today to schedule for your consultation.