What Are Grounds for a Negligence Claim?
Most personal injury claims are filed by people who have been hurt by acts of negligence. In legal terms, negligence is the failure to meet a legally required standard of care to another person. In contrast, some civil claims deal with intentional tort, which is a deliberate attempt to harm another person. A negligent claim typically deals with an accident caused by thoughtless or reckless behavior.
If you have been hurt in an accident caused by another party, you may have grounds for filing a negligence claim. The Law Offices of William K. Goldfarb can offer important facts and advice as you weigh your options and decide what to do next. Call our Charlotte personal injury lawyers at 866-298-0768.
Components of a Negligence Claim
You may have grounds for a legal claim if you have been hurt by another individual or entity, and all of the following apply:
- The defendant owed some kind of duty of care to you. This will vary depending on your relationship with him or her. Professionals have a responsibility to live up to the standards of their trades, while all people are legally obligated not to take needless risks with others.
- The defendant failed to meet that duty of care. This may involve showing that he or she committed an error that had foreseeable negative consequences, or that he or she failed to follow required protocol for a given situation.
- This failure directly caused your injuries. Proving this can be difficult, as you will need to show that your injuries would not have happened without the defendant’s behavior.
- Your injuries are significant. A common defense tactic in these cases is to downplay the damage suffered by the plaintiff. You may need documents or testimony from medical professionals.
Our experienced Charlotte personal injury lawyers can help you collect the clear evidence you will need for each of these factors.
Contact Us
At the Law Offices of William K. Goldfarb, our mission is to provide efficient and accessible legal services to each of our clients. Contact our Charlotte personal injury attorneys today at 866-298-0768.