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Negligence

Most matters that personal injury attorneys deal with focus on the issue of negligence. Put simply, negligence is defined in the world of personal injury law as the failure to exercise the care that a reasonable person would have taken. There is also criminal negligence and in some cases, there is an overlap between criminal and civil negligence.

SPOTLIGHT

In order to make a claim for damages in personal injury law based on someone else's negligence, you must prove three things. Firstly, that the supposedly negligent party (this could be a person, persons or even a company or group) had a duty to you or to the public in general. Secondly, that this negligent party didn't do what a reasonable person would have done. Thirdly, that the injury you have suffered was caused by this negligence.

In many states, there is a concept of personal injury law known as comparative negligence. In such a situation, you and another person could both be at "fault," with the court taking into account both parties deeds and weighing a percentage of fault to both. A good example of this might be a car accident, where one person ran a red light but the other didn't have their head lights on. Some states will not allow a comparative negligence case, though the trend is that more and more states do.



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