Negligence in a Personal Injury Case
After an accident or injury, the law allows a person to sue for damages caused by another’s negligence. A successful personal injury claim requires proof that another party was at fault for the injury or accident.
Negligence is a legal term used to describe when another person’s careless or reckless behavior caused an injury. When there is a duty to act with reasonable care or skill, and this duty of care has been breached, it may give rise to a negligence claim against the responsible person or party. If you have been injured in an accident due to the negligent acts of another, contact the personal injury lawyers at Cantor Grana Buckner Bucci today for a free consultation.
What Is Negligence?
Negligence is a type of legal claim that holds a person or entity accountable for their failure to meet the standards of care established by law. Negligence can arise in many different contexts, including medical malpractice claims, professional negligence (such as in accounting), and automobile accidents.
When Can I Sue for Negligence?
You may be able to sue for negligence if you can prove that a defendant failed to exercise reasonable care under the circumstances and that this negligent conduct resulted in harm.
How Do I Prove Negligence?
To prove negligence, you must be able to demonstrate the following four elements:
Duty of Care
In order to prove negligence, you must demonstrate that the defendant owed a legal duty of care to protect you from harm. This duty may be established by law, contract, or voluntarily. Generally speaking, the duty of care is based on what a reasonable person would have done in the circumstances.
Breach of Duty
Once you have established that the defendant owed you a legal duty of care, you must show that the defendant breached this duty of care. This can be done by showing that the defendant failed to exercise reasonable care in fulfilling their obligations, or that they acted recklessly or intentionally.
Causation
In addition to proving that the defendant breached their duty of care, you must also show that the defendant’s breach was the cause of your injury. To do this, you must demonstrate that the defendant’s actions (or inaction) directly led to your injury.
Damages
Finally, you must show that you suffered some form of damages as a result of the defendant’s negligence. These damages may include medical expenses, lost wages, and other economic losses. You may also be able to recover noneconomic damages such as pain and suffering or emotional distress.
How Can a Personal Injury Attorney Help With My Negligence Lawsuit?
The experienced personal injury lawyers at Cantor Grana Buckner Bucci can help you with your negligence lawsuit. Our attorneys understand the complexities of personal injury law and can help you build a strong case. We will review all documents and evidence related to your case, conduct investigations, and negotiate with the insurance companies on your behalf. We are committed to helping you get the compensation you deserve for your injuries. Contact us today to learn more about how we can help with your negligence claim.
Types of Negligence
Contributory Negligence
The Commonwealth of Virginia is one of only a few states in the union to follow the doctrine of contributory negligence. This means that if you are found to be even one percent partially at fault for your injury, you may be completely barred from recovering damages.
Comparative Negligence
In comparative negligence states, plaintiffs may still recover damages in personal injury cases even if they are partially at fault. The amount of damages awarded is reduced by the percentage of fault attributed to the plaintiff.
Gross Negligence
Gross negligence is a term used to describe extreme cases of recklessness or carelessness. Gross negligence may give rise to punitive damages in addition to compensatory damages for bodily injury or property damage. Punitive damages are awarded in order to punish the defendant for their reckless behavior.
What is the difference between Ordinary Negligence and Gross Negligence?
Ordinary negligence is a failure to exercise the duty of care that a reasonable person would have exercised under the same or similar circumstances. Gross negligence, on the other hand, involves a conscious and voluntary disregard for the safety of others. Gross negligence is more severe than ordinary negligence because it indicates an intentional disregard for the safety of others rather than a simple mistake or oversight.
Vicarious Liability
Vicarious liability is an area of law that holds an employer liable for the negligent actions of their employees. This means that if an employee is acting within the scope of their employment when they cause an injury, the employer may be held liable for any damages resulting from their employee’s negligent conduct.
Strict Liability
Strict liability is a legal doctrine that holds parties liable for injuries caused by their products, regardless of fault. This means that the defendant does not have to be negligent in order for the plaintiff to recover damages. A few industries are held strictly liable for any injuries caused by their products, including manufacturing companies and pharmaceutical companies.
How Long Do I Have To File a Negligence Claim?
The statute of limitations for filing personal injury cases varies from state to state. In Virginia, most personal injury claims must be filed within two years of the date of injury. This means you must file your lawsuit before the deadline passes, or you may lose your right to seek compensation. Because it is important to act quickly, it is best to contact a personal injury lawyer as soon as possible after you have been injured.
At Cantor Grana Buckner Bucci, our experienced attorneys can help you understand your legal options and advise you on the best course of action. Contact us today to learn more about how we can help with your personal injury lawsuit.
Do I Need an Attorney to File a Personal Injury Lawsuit?
Yes, it is highly recommended that you contact an experienced personal injury lawyer if you have been injured due to the negligent behavior of another party. Negligence law can be complex, and a skilled attorney can help ensure you are filing your claim in the right way. Your lawyer will also be able to help with negotiations and settlement discussions, as well as handle any issues that may arise throughout the legal process. At Cantor Grana Buckner Bucci, our personal injury attorneys have extensive experience in representing injury victims and are dedicated to helping you get the compensation you deserve for your injuries. Contact us today to learn more about how we can help with your personal injury case.
Contact Cantor Grana Buckner Bucci For a Free Consultation on Your Negligence Claim
If you or someone you love has been injured due to another person’s negligence, it is important to act quickly. You may be entitled to compensation for your medical bills, lost wages, and other damages related to your injury. At Cantor Grana Buckner Bucci, our experienced personal injury attorneys are here to help. We understand how difficult it can be to pursue a negligence claim and are dedicated to helping our clients get the compensation they deserve. Contact us today for a free consultation on your case. Our experienced attorneys will review the details of your case and provide you with advice about how to proceed. With over 100 years of combined trial experience, our lawyers understand what it takes to win and will do everything we can to help you get the best possible outcome. We are here to fight for you!
