Accidents happen when you least expect them. Regardless of how an accident occurred, many can leave devastating marks on people’s lives. Many times, negligent acts and reckless occurrences by another person or company are the cause of these accidents. Even though you may be using caution, there are many times that others around you are not using the necessary care and precautions. Knowing what options are available to you is essential under these circumstances. At Costa Ivone, our highly regarded attorneys have significant experience in handling all types of general negligence claims.
TYPES OF NEGLIGENCE CLAIMS
Some common types of general negligence claims include:
- Premise Liability
- Car Accidents
- Construction Defect
- Defective/Dangerous Products
- Nursing Home Abuse
- Medical Malpractice
- Animal Attacks
- Wrongful Death
WHAT IS NEGLIGENCE?
** The information displayed here is about legal issues and legal developments. Such material is for informational purposes only and may not reflect the most current legal developments. This informational material is not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact our office for advice on specific legal problems, as laws are constantly changing. **
Negligence is a term used to indicate that an individual failed to employ the proper care and safety in a specific situation. When this word is utilized in legal terms, the term negligence comes with a distinctly specific definition and particular elements or factors to consider. With this, for an injured party to collect damages from the responsible party, they must build a strong proof of every element involved. To determine negligence further, it would be best to list these elements.
Elements That Must Need To Be Established
Duty of Care – This is the first element that must be established by an injured party when recognizing negligence. The injured party involved must provide formidable proof to show that the other party, the responsible party, had a legal duty to employ a level of care under the circumstances stipulated. For example, in car accident cases, the drivers are ordered to obey traffic laws. They have a common duty to maintain a proper overlook and not intentionally cause an accident. For example, when a driver sees a possible hazard, he must not ignore the hazard just because the law implies he has the right of way. In addition, when a driver is on a highway street and approaches a green light, he has the duty not to crash into a vehicle that obstructs an intersection.
Breach of Duty – This second element will recognize if there was any lack of proper care at the accused party. When a legal duty of care, which is the first step, has been built, a plaintiff should show that the defendant or the accused party failed to take hold of that duty. To make it more intelligible, an injured party will show an irreproachable proof that the defendant knew, and has a clear knowledge of the accident, or must have known that the actions they have created will result in an undesirable consequence. In car accident cases, a licensed driver should know and understand that by following another car extremely close will possibly result in a rear end collision. He must be fully aware of the distance that he needs to keep when he is following a car. Hence, when a driver fails to maintain a proper distance from the car, a possible collision might happen. With this, it is an understandable fact that a driver has breached his duty to keep a safe following distance.
Cause – The next element that an injured party, such as in Uber rideshare accidents or the car accidents mentioned above, must be able to establish is that the breach of a legal duty of care was the cause of his injuries. Moreover, it is expected that a plaintiff would have to show a specific injury, like whiplash, that was caused because the accused party or the defendant ran a red light and crashed into his car. There are also some cases that a specific injury or ailment may be accountable for various negligent actions. An example of this could be two campfires that were left burning, that led a forest fire and a house being burned down. This particular case could result in both defendants’, the people responsible for the two campfires, to equally cause the plaintiff’s losses.
Harm or Real Injury – Lastly, the plaintiff must be able to show real injury or harm for which he is legally entitled to collect damages. Harm or real injury is an element that requires a physical injury. It must be actionable. The emotional harm caused by trauma cannot make a claim for emotional damage.
When a plaintiff is able to meet all the burdens of establishing negligence based on the four elements mentioned above, he/she may collect damages. In general, damages are classified into 3 categories.
General Damages – These damages refer to those that are intangible or untouchable, such as loss of quality of life, loss of consortium (partner), pain, and suffering.
Special Damages – These kinds of damages are quantifiable or measurable, such as damaged property, medical bills, and loss of earnings.
Severe Damages – Sometimes these damages are named as punitive damages. These damages are meant to punish the plaintiff for their negligent actions, like a drunk driver.
The general definition is the standard in all jurisdictions. Nonetheless, there are some areas that apply it differently. It primarily depends on the circumstances involved. Therefore, you must make sure to consult a qualified law firm who has accredited personal injury and negligence lawyers who can help you with this kind of concern. If you believe you are a victim of someone else’s negligence, you should talk to one of the lawyers at Costa Ivone, LLC, as we have the qualifications and absolute knowledge to help you further this kind of case.
Our law firm is a licensed establishment that can provide you the right legal assistance to determine all probable causes and proof of possible negligence. In this way, we can help in the further resolution of your negligence case. If there are tangible pieces of evidence, and the above-mentioned elements listed, our lawyers can help you in collecting for damages. We will also be able to advise you the best way to resolve your case. We have the solid experience and years of practice.
HOW A NEGLIGENCE LAWYER CAN HELP?
All throughout the year, there are numerous negligence cases reported. These can be the injuries sustained by the victims as an end-result of another person’s fault, such as through nursing home abuse. Any person is allowed to file a claim to fight for their rights and possible compensation in the event of personal injury.
However, the process can be rigorous and can be extremely difficult. It involves a lot of processes and legal forms that must be arranged in a proper order to start a claim. Hence, it is crucial to seek legal assistance from a negligence and personal injury lawyer.
Our attorneys are professionals who are well-trained in negligence law and help clients receive rightful compensation. Our lawyers will stand by you through the whole process to make sure you receive the quality treatment and fair compensation that you truly deserve.
A negligence victim can suffer through different factors such as psychologically, physically, and emotionally. The victim’s life may not be the same again even after getting treatment. With this, a negligence lawyer must obtain crucial details that enable us to show a solid case before the court of law. The collection of vital details and elements ensures that clients will receive the rightful and fair compensation to live a good, comfortable life after any tragic incident.
In addition, disability lawyers will make sure that the victim will focus more on quick and full recovery after sustaining injuries, and will provide additional personal support during the battle from the beginning to the end of a court process.
Negligence and injury lawyers are of great significance in the event of personal injury. Sometimes, people may try to give settlement out of the court. In cases like this, the injured victim can be offered an amount that is unjustly low, and sometimes unfair, especially if you will consider the cost of the treatments or surgeries. Many times it may be impossible for a victim to pay for all those procedures with an amount settled outside the court. With the help of a seasoned negligence attorney, everything can be settled in a much more professional and fairer decision. A well-experienced lawyer understands how to make use of the right negotiation and litigation skills to make sure the entire process is just, and as a result, the injured victim gets to receive the rightful compensation from the involved party.
Apart from this, our lawyers will also inform the victim of their rights. Legal advice which you get from our law firm is essential when an incident happens, in order for the victim to be fairly compensated. Our office will obtain evidence from possible witnesses, gather medical reports and weigh things out for potential legal options to expedite or speed up the process of securing fair justice.
With concrete evidence, our lawyers can file a claim’s case before the court and deal with everything on the victim’s behalf. Thus, if you have sustained injuries as a result of another individual’s negligence, do not hesitate to consult us, today.
In order to receive the best outcome of compensation, it is crucial to select a lawyer wisely. You must look into the assets of a law firm, and the lawyers who work for the firm. Below is a list of the valuable and viable assets of our law firm:
Aside from the factors mentioned above, it is also extremely important that you feel comfortable working with the lawyer. In this way, you will have an easier time sharing all the information that your lawyer needs to get rightful compensation. Overall, the lawyer should be dedicated, dependable, and credible to get you the best outcome.
CONTACT COSTA IVONE, LLC TODAY
Negligence laws are different from state to state. Personal injury law is greatly dependent on individual situations, as well. An average person or a common professional will usually be unfamiliar with the law governing the land, and most often, a individual will not even be certain of what he or she is entitled. Other individuals may research the laws and learn a bit about it, but not the entire knowledge that is required fully comprehend the scope of the law.
Our lawyers will be able to handle your case and apply the information gathered throughout the many successful outcomes of our experience in the courtroom. Our negligence attorneys have the right and substantial knowledge as far as personal injury and negligence law goes, and can negotiate the right compensation for you.
Our attorneys will help you get the right compensation that you truly deserve. Most of the time, due to the tendencies of an insurance firm to lower the claim, we can help you further with the claim’s disputes. The negligence lawyers of Costa Ivone, LLC will make sure that you will get what you deserve.