Personal injury lawsuits can arise from any number of situations. And, most people know that the purpose of personal injury lawsuits is for an injured victim to attempt to recover financial compensation from the at-fault party in the case, so as to cover the victim’s medical bills and other associated costs. However, some of the more specific legal terms involved in personal injury cases may not be all that familiar to some people.
What is negligence?
For example, in many personal injury cases, the term “negligence” is crucial. Why? Well, it is a fairly common legal basis upon which to base an entire lawsuit. The term “negligence” refers to a person or entity’s failure to abide by a certain level of care or duty to others. For instance, a driver who is operating a vehicle while intoxicated is not abiding by the duty to all other drivers on the road to operate a vehicle safely. Or, another example is when a nursing home doesn’t care for an elderly resident properly, thereby resulting in harm to the resident, such as bedsores or missed medication schedules.
Negligence can be either an act or an omission. But, either way, when negligence is the basis for a personal injury lawsuit, it is the victim’s burden to show that the alleged at-fault party was indeed negligent, and that the negligence directly led to the victim’s injuries.
Pursuing your claim
At our law firm, we work with California residents to determine if they have a negligence-based claim as a basis for a personal injury lawsuit. For more information, please visit the personal injury overview section of our law firm’s website.