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What is negligence in terms of a personal injury case and why is it important?

Negligence is a term used a lot by personal injury lawyers and is meant to describe an individual who acted without a level of care that an ordinary individual would use in the same situation. The reason this term is important is that in order for you to file a personal injury claim, fault needs to be established by proof of negligence.

This concept is very difficult to prove and requires you to understand the standard of care under the circumstances. That is why this article will serve as a guide as to what negligence is and why it is important to your case.


What constitutes negligence in a personal injury case?

Negligence, as stated previously, can be difficult to determine alone because you must understand the standard of care for that specific situation. This standard can change based on the situation and profession of the individuals involved. The standards of care are outlined in driving laws regarding speed limits, general road rules, avoiding distractions, etc. If an individual tries to break that standard of care, then they are being negligent.

Why negligence and personal injury go hand in hand…

Without negligence, accidents and personal injuries do not happen. The only way in which accidents occur is when one or more parties are negligent. Negligence is included in all parts of personal injury law, such as:

  • Car Accidents: negligence in this situation can be not following the speed limits, not following general road rules, driving while under the influence or exhausted, etc.

  • Slip and Fall Accidents: negligence in this situation is failing to put out a sign indicating a slippery floor, not properly painting a building, etc.

  • Medical Malpractice: negligence in this case is when a medical provider acts outside of the standard of care in their profession

  • Boating Accidents: negligence in this case could be boating under the influence, not looking out for other boats, etc.

  • Etc.

While negligence is the basis for most personal injury cases, sometimes, it is not so clear who was responsible and what degree of negligence each person involved had. As we have mentioned previously, in order for something to be considered a personal injury case, you need to prove negligence and that it caused your injuries.


How to file a personal injury lawsuit against negligent individuals

It is important to understand the standards of care, which we mentioned above, before filing a personal injury lawsuit. If you can prove that the other party breached those standards, then you have a viable case for a personal injury attorney to help you with. Our accident attorneys at Demesmin and Dover law firm believe it is extremely important to understand what negligence is before pursuing a personal injury claim. We believe our clients should know exactly what we mean when we use the term and why it is important to build a case.


If you have determined that you have damages and can prove negligence on your own, finding a top personal injury attorney will only make your case stronger. Demesmin and Dover Law Firm is here to help you and we want to make sure that you are being aided in this time of need. They understand that you have a family, friends, and normal routine to get back to. That is why if you need a personal injury attorney, you should call 866-954-MORE (6673). Demesmin and Dover law firm, because to us it’s personal.


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