Negligence And Duty Of Care

Negligent action can lead to injury. In the legal system, negligence applies in both civil and criminal cases. The concept of negligence can apply in a wide-range of cases including automobile accidents, product liability cases, medical malpractice suits, and many others.

If you have suffered injury or damage and are planning to bring suit against a negligent party, you have to prove that you suffered damage to personal property, reputation, body, or mind. In proving your case, and to receive compensation, the key legal concept to understand is “duty of care.” That is, you have to prove that the person you are suing did not act in a way you would expect a reasonable person to act. For example, in a medical malpractice suit, you must demonstrate that your health condition was caused or worsened because a doctor, hospital or other health care provider failed to follow the accepted level of care legally required. It would certainly be viewed as unreasonable for a doctor to operate on the wrong body part.

Negligence can involve a tenant. A person has a duty to reasonably avoid harming another person or their property. The damages caused by the negligent party determine the amount of compensation owed to the injured party. Determining the duty of care and whether it was violated can be complicated. That’s why it’s best to secure the services of an experienced injury lawyer.

You should hire a lawyer if you experience personal injury, harm or damage due to the carelessness of another person or company. Ask friends and families for recommendations, and, consider meeting with more than one lawyer. Find someone you communicate with well. Most personal injury attorneys work on contingency, so you pay them only if you make a recovery. Finally, the laws regarding negligence lawsuits vary widely from state to state, so your best course of action is to contact a local lawyer early.

Source: Legal Info

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