What Is Negligence in Regards to Legal Issues
One of the most misunderstood terms in the legal lexicon, "negligence" is used to describe an action--or, in certain instances, a failure to act--that deviates from how a reasonable person would behave in like circumstances, resulting in an otherwise preventable injury to another person. The term should not be taken to mean "reckless" or "careless"; indeed, in cases of gross negligence, a person's deviant actions are determined by a court to have been undertaken with intentional and wanton disregard for potentially harmful consequences. In considering whether a plaintiff is entitled to compensation in a personal injury lawsuit, the court must address several important issues, including:
- whether the defendant failed to act as a reasonable person would have under similar circumstances;
- if so, the degree to which the defendant's negligent actions contributed to the plaintiff's injury;
- the degree, if any, to which the plaintiff's own actions contributed to the plaintiff's injury;
- and the extent, if any, to which the defendant's negligent actions were willful or premeditated.
In any personal injury case, an attorney must be able to prove that the defendant failed to exercise the proper "duty of care" that was owed to the defendant, and that this failure directly caused or substantially contributed to the injury. For example, in a medical malpractice case in which a physician failed to diagnose a condition in its earliest stages, that failure alone would not be sufficient evidence of negligence. The personal injury lawyer must be able to demonstrate that a competent physician would have been able to diagnose the condition and, therefore, prevent or lessen the harm suffered by the plaintiff. If a jury determines that the physician did exercise the due standard of care, the plaintiff will not be able to collect compensation, even if, by extraordinary measures, his or her injury could have been avoided.
In product liability cases, the doctrine of strict negligence applies. According to this doctrine, the defective product is evidence enough that negligence occurred at some point during the design, manufacture, or marketing of a product, and no evidence of a specific act of negligence needs to be presented. In most personal injury and wrongful death cases, however, attorneys must identify and present evidence of a specific instance of negligence. If a defendant is shown to have acted with gross negligence, the jury may award punitive damages--damages intended to punish the defendant for egregiously wrongful actions--in addition to compensation for actual losses and expenses stemming from an injury.
Be sure to seek out legal help from skilled Manhattan medical malpractice lawyers, Manhattan construction injury lawyers, or Manhattan auto accident attorneys who practice personal injury law.
- whether the defendant failed to act as a reasonable person would have under similar circumstances;
- if so, the degree to which the defendant's negligent actions contributed to the plaintiff's injury;
- the degree, if any, to which the plaintiff's own actions contributed to the plaintiff's injury;
- and the extent, if any, to which the defendant's negligent actions were willful or premeditated.
In any personal injury case, an attorney must be able to prove that the defendant failed to exercise the proper "duty of care" that was owed to the defendant, and that this failure directly caused or substantially contributed to the injury. For example, in a medical malpractice case in which a physician failed to diagnose a condition in its earliest stages, that failure alone would not be sufficient evidence of negligence. The personal injury lawyer must be able to demonstrate that a competent physician would have been able to diagnose the condition and, therefore, prevent or lessen the harm suffered by the plaintiff. If a jury determines that the physician did exercise the due standard of care, the plaintiff will not be able to collect compensation, even if, by extraordinary measures, his or her injury could have been avoided.
In product liability cases, the doctrine of strict negligence applies. According to this doctrine, the defective product is evidence enough that negligence occurred at some point during the design, manufacture, or marketing of a product, and no evidence of a specific act of negligence needs to be presented. In most personal injury and wrongful death cases, however, attorneys must identify and present evidence of a specific instance of negligence. If a defendant is shown to have acted with gross negligence, the jury may award punitive damages--damages intended to punish the defendant for egregiously wrongful actions--in addition to compensation for actual losses and expenses stemming from an injury.
Be sure to seek out legal help from skilled Manhattan medical malpractice lawyers, Manhattan construction injury lawyers, or Manhattan auto accident attorneys who practice personal injury law.