It is the failure to do something the reasonably careful person would do or the doing of something the reasonably careful person would not do under the same or similar circumstances.
Legal Archives From FAQs
It is negligence by a healthcare professional. In most cases the claim must be proven by expert testimony. The expert must establish that the standard of care was not met, meaning that the defendant did not do what the reasonably competent healthcare professional would have done under the same or similar circumstances.
Yes. Generally, persons or corporations are only liable for an injury or death if they are negligent. They are also liable if they have higher degree of fault called willful and wanton conduct, such as drunk driving or other high risk behavior. Sellers of dangerous products can be strictly liable even if they acted in… Read More
No. Actions must “proximately cause” the injury or damages. A negligent driver who almost hits you owes nothing. The surgeon who operates while under the influence of drugs owes nothing if he did a perfect job. Such hypotheticals aside, negligence usually causes harm.
Generally it is that cause which in natural or probable sequence produce the injury complained of. It need not be the only cause or last or nearest cause. An experienced lawyer can determine whether negligence proximately caused an injury. Causation is often an issue in cases of medical malpractice, including birth injuries such as cerebral… Read More
It is a formal legal document filed with a court, setting forth the reasons whoever is sued owes money damages. The language has to meet all the requirements of law or the lawsuit will be dismissed. It must be formally served on the defendant, who then must answer, admitting or denying what is charged.
Yes. If your injury claim has merit, you’re entitled to compensation for the pain and suffering your injury caused you.