What Does “Negligence” Mean?

If you’ve done any research on the statutes pertaining to personal injury cases, you may have come across the term “negligence.” This is an important concept in tort law because the vast majority of tort claims are filed on the basis of negligence.

Negligence is established by proving that the defendant failed to exercise reasonable care given the circumstances. This is called breaching the “duty of care.”

The types of evidence needed to prove negligence will depend on the facts surrounding your case. To win a negligence claim, your Palm Beach County personal injury attorney will have to prove that the defendant owed you a duty of care, breached that duty, and the breach caused your damages.

Let’s assume, for example, that you suffered a spinal injury in an auto accident that was caused by a drunk driver. In this scenario, the duty of care would be implied, meaning that the defendant (the at-fault driver) would have owed you a duty of care simply because he or she was driving. The police report, therefore, should be sufficient for establishing that a duty of care existed. To prove a breach of duty—i.e. that the driver was drunk and caused the crash—your Palm Beach County personal injury lawyer might use chemical test results, the accident report, eyewitness deposition, video recordings of the accident, and photos of the scene.

There are countless ways one party could breach the duty of care owed to another party. A grocery store manager might fail to inspect the premises for dangerous conditions. A staff member at a restaurant might forget to put up a “wet floor” sign after mopping.

If you’re not sure whether you have grounds for a claim on the basis of negligence, contact a personal injury lawyer at Donaldson & Weston. We will review your situation for free to determine whether your case might have merit, and we will help you determine how best to approach the claims process.

How Might a Spinal Cord Injury Lawyer Prove the Value of My Damages?

Your paralysis attorney will first have to identify the kinds of damages you have incurred, as well as those that you are reasonably certain to incur in the future. These may include past and future healthcare costs, lost income, property damage, and non-economic damages like pain and suffering, lost enjoyment in life, and emotional distress. Your spouse may also be entitled to damages for loss of consortium.

Your lawyer will then need evidence to prove the existence and value of such damages. Important evidence may include your healthcare records, invoices and receipts for necessary expenses, financial documents, photos of injuries, your journal about how the injuries are affecting your life, and the deposition of medical, vocational, and financial experts.

The personal injury attorney know how to pursue the highest possible settlement while avoiding unnecessary disputes. This requires considerable negotiation experience and a well-practiced knowledge of the relevant case law, statutes, and the evidence pertaining to your case. At the end of the day, though, there’s no way to guarantee that the opposing party will pay a fair settlement, which is why it is critical that you hire a personal injury attorney with extensive litigation experience. Our Palm Beach County spinal cord injury attorneys have won substantial verdicts in catastrophic injury cases, and they will relish the opportunity to take your case to trial if it is in your best interests to do so.

Far too many personal injury claimants accept a settlement early in the proceedings only to find out later that they received an unfair payout. Don’t let this happen to you. Our attorneys will help you compile all available evidence of liability and damages and will use prove negotiation strategies to fight for the highest possible compensation. For a free case review, send us a message or call our personal injury attorney at 561-299-3999