Personal Financial Tips

Article by Nemelou Despuez

What is General Negligence as Stated by Law

A person who sustained physical injury due to the negligence, carelessness, or inattention of another individual can file general negligence lawsuit to receive compensation for the damages.

There are many kinds of accidents where victims can file general negligence lawsuit.

* Slip and fall accidents

* Animal attacks/dog bites

* Machine accidents

* Road collision/traffic accidents

* Accidents resulting from unsafe property conditionBy law, someone who failed to perform the expected duties and responsibilities which resulted to accident means that he/she is liable and should pay the injured party.

Here is the list of compensation for damages for victims:

* Medical costs, doctor’s fee, and other hospital needs in the future

* Compensation for the loss of potential earnings/wages

* Diminished or complete loss of earning capability (in cases where the victim is paralyzed)

* Payment for the damaged property

* Disability/disfigurement caused by the accident

* Compensation for mental/emotional distress resulting from the accident

* And compensation for other non-economic damages

In cases where the liable party’s action is malicious and reckless, the court may order him/her to pay “punitive damages” to the victim. This penalty will deter reckless individuals from committing the same act.

For plaintiffs, they should also know the “statute of limitation”, a law that prescribes the period of how long an injured individual can file his/her case. Every state follows different “statute of limitation”, so this is a very important consideration for the injured party. If victims fail to file their case before the end of “statute of limitation”, they can no longer charge the defendant with the same case.

For victims of such act, it is very important to hire Los Angeles General Negligence Attorneys who have the right knowledge, skills, and experience to deal with these cases. Remember, having a legal representative who has a background in handling general negligence will allow the victims to receive their rightful claims.

Meanwhile, the lawyer and the victim should prove the following elements of general negligence to get compensation from the liable party:

* Duty – the liable party should have practiced due diligence since it is his/her responsibility to do so.

* Breach of Duty – the defendant failed to do his/her responsibility in preventing accidents from happening.

* Causation – the injury and damage is a direct result from the reckless behavior and action of the defendant.

* Damages – the victims are entitled with monetary compensation.

Meanwhile, the claimants should also prove these following:

* The defendant’s reckless action has caused the accident

* The defendant’s action and the injury sustained by the claimant are related.

* The defendant’s action is out of control.

In some cases, the victim has also contributed to his/her own injury. But still, the defendant may still be held liable for the accident. In “contributory negligence”, the victim’s action may have possibly resulted to his/her own physical injury, but since the defendant has also been negligent, the latter is still liable according to law.

Leave a Reply