Negligence is the most common theory of recovery for those injured in any type of accident, including car accidents, aviation accidents, motorcycle accidents, and incidents of medical malpractice. The legal terms “negligence” or “negligent” are used in everyday conversation to convey a sense of carelessness and disregard. However, the term “negligence” has a very specific meaning in the legal system.
Negligence has four basic elements to raise as a cause of action. In order for a plaintiff to successfully assert that a defendant was negligent, a plaintiff will have to prove all four elements. “Duty of care” is the first basic element that a plaintiff must prove the defendant owed him or her. The legal term “duty of care” simply means that one party was obligated to act in a certain way toward another. Next, a plaintiff must show that the defendant breached the stated “duty of care” he owed to the plaintiff. Third, a plaintiff will have to show that the defendant’s breach of his duty of care caused the plaintiff’s injury. Despite, countless people engaging in unsafe and unreasonable behaviors every day, not all of these behaviors are actually “negligent” in nature. Lastly, the plaintiff needs to show that he was injured or suffered damages in some way. Physical, mental, and financial injuries are sufficient to demonstrate injury or damages. If a plaintiff is not injured in any way whatsoever, he cannot bring a successful negligence claim.
Del Amo Law has vast experience bringing negligence claims on behalf of clients injured in a variety of different situations. When you are injured, you need a team of responsible and hardworking attorneys to help guide you through a potential negligence cause of action and all of the legal remedies, which are available to you. If you were injured or suffered damages in an accident due to another person’s negligence or their careless behavior, call us at Del Amo Law, where our lawyers can speak with you about whether you could possibly be entitled to compensation for your injury. You can reach our office at 305-443-7005 or toll-free at 888-447-7005.
