|Negligence: Negligence is essentially defined under law, especially tort law, as the breach of an obligation (duty) to act with care, or the failure to do what a reasonable and prudent person would under similar circumstances. Our pre-screened lawyers have great experience with negligence lawsuits, and tort law in general, and that experience directly translates into ensuring that your wishes are represented in court. Whichever side of the case you are on, whether plaintiff or defendant, our attorneys bring immense experience to bear upon your current situation.
Negligence and Tort lawsuits are complicated things. As a plaintiff, if you are to recover the damages, the actions or failures of the defendant need to be shown to not only have happened, but also as being the “proximate case” of an injury due to which actual loss occurred. This sets the bar quite high – a bar our pre-screened lawyers have repeatedly crossed in court.
The defenses available are also numerous: a most common and effective defense is the use of the plaintiff’s actions as either the causal factor in the act, or as contributing towards it through negligence itself. This is a powerful argument, since most of negligent acts are quite inadvertently performed, and between these and fully intentional attacks there remains forms of conduct variously termed willful, wanton, or reckless. Furthermore, deliberate judgments that are dangerously careless (like certain Chinese companies continuing to build tracks despite flaws being found in them) can also be considered a form of negligence.
Moreover, while it is usually incumbent upon the plaintiff to demonstrate that negligence occurred, in certain cases where due care has obviously been absent (paint in juice bottles, for example), courts can utilize the doctrine of ‘res ipsa loquitur’ in order to flip the situation. Now, negligence is understood to have been a matter of law: it is upon the defendant to prove its absence.
Further complications exist: in case that negligence can be proved to be jointly held, or shared between both parties, then the law can greatly reduce penalties, or forgo them altogether.
Our pre-screened attorneys will help you navigate these complex paths, and accord you the best possible defense.
While once, the right to claim negligence had belonged solely to the injured party, now that is no longer the case and the jurisdiction of negligence has been greatly expanded to include heirs. Negligence claims are the main source of today’s civil litigation, and a large number of them arise from vehicular traffic accidents. Additionally, negligence can be claimed even in cases where a practicing professional, such as a doctor or a lawyer, or others, engage in it. In these cases, negligence is measured against accepted practices and knowledge, and is termed malpractice.
Negligent law suits can result in severe difficulty for both the defendant and the plaintiff. It is our aim to provide justice for whichever party we’ve been chosen to represent.