Negligence generally involves neglect, a lack of care or a lazy demeanor. Legally, negligent acts come to pass when one party fails to exercise the degree of care required by law to protect others (or the interests of others) that may be harmed by the lack of care, in the particular circumstances. The majority of personal injury claims arise from negligence, as opposed to intentional acts.
Although a negligent party intended no harm to come to another individual, their actions could have prevented harm. If you have been injured or lost a loved one in such a situation, the negligent party may be liable for your damages.
Lewis & Keller has the experience, resources and passion to litigate negligent acts. Do not hesitate to contact our legal team to discuss your potential case; many acts of negligence are subject to a period of prescription (similar to a statute of limitations).
Rights of Negligence Victims
When another party is responsible for injuries caused to you or a loved one, and they failed to act in the way a reasonable party would in the same circumstances, you may be able to sue the individuals responsible and be awarded compensation. The law protects those who have fallen victim to a careless individual’s actions (or lack thereof).
Victims of negligence may be eligible for damages such as:
- Medical bills
- Lost wages
- Emotional distress
- Pain & suffering
- Loss of consortium
- Loss of companionship
- Property damage
These examples constitute some of the monetary damages that can be awarded in a negligence-related lawsuit. If you or a loved one is seeking justice for any of these reasons, contact an experienced attorney to help you pursue justice.
In order to establish a case, a victim (or their legal representation) must prove the act of negligence. One standard method is to determine what a reasonable person would have done under the circumstances. In other cases, negligence is defined by a statute or is so blatant that it falls under the doctrine of ‘negligence per se’.
Often, in order to prove that negligence occurred, a plaintiff must prove each element of the case. The harm must have also been foreseeable, there must be a relationship of proximity between the parties, and it must be ‘fair, just and reasonable’ to impose liability.
The elements involved in a negligence case include:
- Duty of care
- Breach of duty
Each element must be proved in order for a case to be established. If you are unsure whether you have a case for personal injury, our seasoned legal team can give you the guidance you need during your free evaluation.
Types of Cases Involving Negligent Acts
When one has established that negligence occurred, the case can proceed. There are many types of personal injury cases that can involve this type of act.
Types of cases where negligence is often involved include:
- Auto accidents
- Worker’s compensation
- Product liability
- Wrongful death
- Medical malpractice
- Premises liability
When a negligent party is liable for damages, the amount awarded should restore the victim completely. In other words, the award should be sufficient in putting the victim back in the situation he or she was in prior to the offending act.
Contact Our Personal Injury Lawyers
Only an experienced team of personal injury lawyers can help victims of negligent acts recover the maximum compensation they deserve. If someone else’s negligence has caused you harm, Lewis & Keller may be able to help.
With more than 150 years of combined experience, our law firm offers the citizens of North Carolina the resources, expertise and dedication to seek justice. With two conveniently located offices in Winston-Salem and Greensboro, we proudly accept clients from the following areas:
- …and many of the surrounding cities and towns
Call 1-866-299-1769 today to discuss your legal options with one of our lawyers. Our case evaluation is free and 100% confidential.