What Is Negligence?

Determining Liability

Negligence is closely related to the vast majority of personal injury claims. It is described as any type of failure to act with reasonable caution or care in the circumstances and may include an action or failure to act. Negligence is the most common grounds for personal injury cases throughout the U.S. An injured party may be able to recover financial compensation for injuries caused by another's negligence if he or she is able to prove:

  • The defendant (the person the injured party brings a lawsuit against) acted negligently;
  • The plaintiff (the injured party) was injured;
  • The defendant's actions were the proximate cause of the plaintiff's injuries; and
  • The plaintiff suffered some quantifiable type of injury.

In handling a client's case, a personal injury attorney will strive to prove all of these factors to the fullest extent. The purpose will be to prove that the defendant should be held legally accountable and to then prove the full value of the plaintiff's claim. This may include money for medical care, future medical expenses, emotional suffering, pain and psychological trauma, lost earnings and future loss of wages. Financial compensation is awarded in personal injury claims to offer the plaintiff the opportunity to rebuild his or her life to a similar situation as before the incident occurred.

Examples of Negligence

Following are some examples of what may be considered negligence, when this conduct leads to injury:

  • A driver who fails to stop at a red light or stop sign.
  • A driver who is driving faster than the posted speed limit.
  • A truck driver who fails to check his or her blind spots before changing lanes.
  • A doctor who accidentally writes down the wrong prescription to be administered to a patient.
  • A nurse who forgets to check on a patient after surgery.
  • A surgeon who accidentally operates on the wrong part or side of the body.

These are just a few examples; the possibilities are endless. For a free review of your case and to learn more about how our firm can offer you the guidance and counsel you need, contact a Hartford personal injury lawyer at McCoy & McCoy today.