What is “negligence” in personal injury cases

Negligence is the failure for a person to exercise “reasonable care” in their relationship with others. That is, negligence is measured against what a reasonable person would have done under the same or similar circumstances. This can include a wrongful act as well as not doing something, such as not mopping up a spill on the floor. Or by being less then attentive on the road while driving your car.

In order to prove negligence the plaintiff, who carries the burden of proving her case, must prove by a preponderance of the evidence, that the defendant acted negligently and that the defendants negligence was the legal and or factual cause of the injury sustained by the plaintiff.

if you are injured or damaged because someone else acted in a negligent manner, you may have a cause of action against the person who acted unreasonably.

Statutes of limitation prevent lawsuits from being filed after a certain period of time from the date of the alleged negligence. Laws concerning personal injury cases differ from state to state. It is important, then, to consult with an attorney and understand your rights if you believe you have been injured by the negligence of another.


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