Law & Legal & Attorney Accidents & personal injury Law

Negligence in an Imperfect World

If we lived in a perfect world, people would shovel and clear ice from their sidewalks and driveways because they don't want anyone to slip and fall on a slippery and unsafe surface. In a perfect world companies and corporations would make every effort to ensure their products are safe to use; not because it helps their profits, but because people are more important than profits.

Unfortunately, the world isn't perfect, and people don't take due diligence to keep their actions or inactions from hurting others. Corporations don't always make sure their products are safe. Insurance companies often pay out the absolute minimum on claims. Medical professionals sometimes don't work up to their standard. In other words, people can be negligent in their responsibilities. And because people are negligent, there must be a way to hold them accountable for their negligence. A personal injury lawyer is an attorney who has expertise in proving negligence and getting injured parties the compensation they deserve.

What is Negligence?
At its most basic level, negligence occurs when a person does something that a reasonable person wouldn't, and somebody is injured due to their negligence. Likewise, negligence occurs when a person fails to do something to prevent an injury that a reasonable person would to keep someone from getting hurt. For example, a reasonable person would not text while they drive. A reasonable person would keep their dog restrained. A reasonable person would make sure their sidewalk is free of ice during a harsh, Rochester, Minnesota winter.

Proving Negligence
Even though proving negligence might seem fairly straight forward, it actually can get complex. In a negligence lawsuit, the plaintiff (the injured party, the person doing the suing) has to prove several things. First, the plaintiff has to prove that the defendant (the person who is suspected of being negligent and being sued) did not act as a reasonable person. In some cases, such as in medical malpractice, the plaintiff might have to call upon experts to testify what a reasonable person would or should have done. Next, the plaintiff must prove that the defendant had a duty to the plaintiff. And last, the plaintiff must prove that the actions or inactions of the defendant actually did cause the injury. Because of these complexities, a personal injury attorney is best suited to handle a personal injury case.

Compensation for Negligence
When someone is hurt by another person's negligence, not only is bodily harm done, but there are also financial and emotional consequences that need to be considered. The injured person can suffer medical costs, loss of current income, loss of future income, and pain and suffering. And what an insurance company offers in compensation is usually much lower than what the injured person is actually eligible by law to receive. A personal injury attorney, however, is an expert in determining how much a person has actually lost and what the law states an injured person can be reasonably compensated for. You will never know how much you might be entitled to unless you contact an attorney.

When You Need an Attorney
In a perfect world, there would be no such thing as personal injury lawsuits because no one would be negligent in their responsibilities. Unfortunately, the world is not perfect. People are negligent, and as a result, other people are hurt. Proving negligence is complex. So when you are hurt, you need to contact an attorney who knows the law, and who will stand up for you.

Leave a reply