Negligence

In law, negligence is a type of tort that can be either criminal or civil in nature. Negligence is essentially the failure to exercise the due care toward others which a reasonable or prudent person would do in the same circumstances, or taking action which such a reasonable person would not.

Negligence is accidental as opposed to "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey.

In making a personal injury claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove:

1. that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public

2. that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done

3. that the damages were caused ("proximately caused") by the negligence.

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Personal Injury

Injuries to one's person can occur in numerous different ways. In addition to car & automobile accidents, there are many other examples of situations that would provide a legal basis for personal injury claims. These include negligence towards others, as in medical malpractice claims and patient neglect in nursing home and healthcare facilities. Additionally, any person or business can be negligent of adequatley maintaining their property which may result in slips and falls or other accidents; and criminal incidents that may occur because of negligent security. Also, people can be injured as the result of intentional attacks, such as in the cases of dog bites or assault and battery.

Injuries to property can happen due to theft/vandalism, embezzlement, and negligence, while injuries to one's reputation typically occurs as the result of libel or slander.

When a person suffers an injury to his person, rights, reputation, or property, they may be entitled to compensation and should consult a lawyer immediately. In addition to Personal Injury claims needing to be filed within specified time periods, over time, critical evidence can dissipate making claims harder to prove.

An injured party may be entitled to recover damages for loss of earnings capacity, pain and suffering, and reasonable medical expenses, including both current and projected future losses.