Here are shortcuts to the specific topics:
- 1. General Negligence Lawyers in Los Angeles
- 2. How a Mesriani Negligence Lawyer Can Help
- 3. Why You Should Choose a Mesriani General Negligence Attorney
- 4. How Do You Define Negligence in Torts?
- 5. What is a Negligence Lawsuit?
- 6. What are the Elements of a Negligence Claim?
William J. Kropach, Esq.
How a Mesriani Negligence Lawyer Can Help
If you’ve been hurt because of someone else’s actions, you may be entitled to compensation for your injuries with the help of an experienced personal injury lawyer. The general negligence attorneys at Mesriani Law Group have over two decades of experience handling these specific types of legal cases and we can help you explore your legal options.
Why You Should Choose a Mesriani General Negligence Attorney
If you’ve been injured due to someone’s negligence, you want an attorney who has successfully handled negligence cases. Mesriani negligence attorneys guarantee exceptional legal service to our clients and have the successful results to prove it. Here are the top reasons why you should choose Mesriani Law Group for your negligence accident case:
If necessary, we are prepared to file a lawsuit and go to trial. Our general negligence attorneys will fight aggressively to ensure that you get the maximum compensation and justice you deserve. Contact our offices today for your free consultation.
How Do You Define Negligence in Torts?
The term negligence is generally defined as a person or company’s failure to take reasonable precaution to prevent others from getting harmed. Negligence occurs when a person’s actions or inaction falls below a reasonable standard of care. In law, reasonable standard of care refers to the idea of what an ordinary or reasonable person would have done in a similar situation.
Negligence cases area also known as tort actions. “Tort” simply means a legal wrong. When someone has wronged you, negligence law allows you to seek damages from a responsible party for any harm they may be responsible for – whether it was accidental or due to recklessness.
What is a Negligence Lawsuit?
When a victim is harmed due to the actions or inactions of someone else, they can file a negligence lawsuit. In a negligence lawsuit, a general negligence lawyer must prove that the plaintiff was harmed due to the defendant’s careless actions or failure to take certain actions as a reasonable person would in a similar situation.
There are numerous types of negligence lawsuits including medical malpractice, nursing home abuse, automobile and truck accidents, traumatic brain injuries, birth injuries, fire and burn injurie, gas explosions injuries, and slip and fall accidents. Wrongful death cases are also a common type of general negligence lawsuit. In general, negligence law covers many types of contact between people.
In a negligence lawsuit, the plaintiff must prove that a reasonable person would have acted differently in a similar circumstance. If you were injured due to someone else’s negligence, a skilled negligence lawsuit lawyer can help secure financial compensation for your losses.
What are the Elements of a Negligence Claim?
To prove a negligence case, the plaintiff must prove four fundamental elements of negligence:
- Duty of care
- Breach of duty
- Injury and causation
Keep in mind that depending on the jurisdiction, the legal elements of negligence may differ.
What is Duty?
The first element of negligence is duty. Duty of care refers to a person’s obligation to act in a certain way that prevents harm to others. Many times, duty applies to professional trained individuals such as medical professionals or first responders.
For example, a driver has a duty of care to obey traffic safety laws to prevent a traffic accident. A medical doctor also has a duty of care to treat a patient who has requested his or her services. However, when a duty to act is not required by law, a duty to act may still be warranted under what courts consider a “reasonable standard of care.” This generally implies that an individual has some obligation to ensure the wellbeing of others. For example, to protect against liability, homeowners should warn guests of an area that may cause slips or falls. By not doing so, victims of negligence may have a case to seek damages as they would have reasonably avoided what caused them injury.
What is Breach of Duty?
The second element of negligence is the breach of that duty. Breach of duty refers to a person’s violation of the obligation to act in a certain way. To file a negligence lawsuit, the defendant must have breached their duty of care. To determine a breach of duty, the following questions will be asked:
- Did the defendant create risk that resulted in harming the plaintiff?
- Did the defendant offer to protect the plaintiff?
- Did the defendant know or should have known that their actions or inactions would harm the plaintiff?
- Did a duty exist which depended upon the relationship between the two parties?
For example, a person driving faster than the posted speed limit sign has breached their duty. A medical professional who failed to act appropriately to a patient’s illness or injury, or took an action that was negligent, which resulted in additional harm to the patient can be considered a breach of duty.
What is Injury and Causation?
The third element of negligence is causation. Causation refers to the proof that a plaintiff must show to illustrate that the defendant’s breach of duty was the cause of their injury and losses. In negligence cases, there are two types of causation: factual cause and proximate cause.
- Factual Cause – You can clearly establish a relationship between the negligence action and your injury. For example, a driver who ran a red-light and crashes into your car has factually caused harm to you and your vehicle. However, there are some situations where it may be challenging to prove factual cause – especially if there are more than 2 parties involved.
- Proximate Cause – You can establish a reasonably close relationship between the negligent action and the injury. Proximate cause considers several factors including fairness, logic, practicality, and policy to determine liability.
To legally prove a general negligence case, the plaintiff must establish a cause-and-effect relationship between the negligent action of the defendant and the harm they suffered.
What are Damages?
The fourth element of negligence is damages. The plaintiff must have experienced harm such as a concussion or broken bones. Damages may include medical bills, hospital bills, lost wages, and pain and suffering. Damages that can be awarded to the plaintiff include:
- Actual damages – Also referred to as compensatory damages, this is for the actual harm the victim suffered.
- Aggravated damages – Money awarded for emotional harm.
- General damages – Money awarded from breach of contract.
- Special damages – Money awarded to cover related expenses like lost wages.
- Statutory damages – Money awarded as required by law.
- Punitive damages – Additional money awarded intended to punish the defendant who acted maliciously or deliberately. These damages are meant to deter others from acting in a similar manner in the future.
The total damages awarded will vary depending on the case and the evidence presented.
Negligence Case Examples
The negligence lawsuit lawyers at Mesriani Law Group have over two decades of experience handling general negligence cases. We’ve successfully recovered maximum compensation for our clients and accept claims on a contingency basis. That means that if we don’t win your case, you don’t pay us anything. Our law firm has significant experience handling numerous types of negligence lawsuits including:
- Medical malpractice
- Nursing home abuse cases
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Slip and fall accidents
- Traumatic brain injuries
- Birth injuries
- Fire and burn injuries
- Gas explosions injuries
- Building code violation cases
- Dog bite cases
- Defective product cases
- Nursing home abuse
- Wrongful death cases
If you or someone you know have been injured due to someone else’s recklessness or carelessness, contact our general negligence attorneys today for a free consultation.
Negligence Lawsuit Statute of Limitations
In California, the statute of limitations for a negligence claim is typically two years. However, there are certain types of cases that may have a shorter or longer timeframe. Important exceptions to the two-year limit include:
- Claims against a government agency – 6 months
- Medical malpractice – 1 year from the date injury was discovered
- Legal malpractice – 1 year from discovery of the malpractice
- Personal property damage – 3 years
- Breach of contract (written) – 4 years
- Breach of contract (oral) – 2 years
There are many situations that may delay filing a claim. Negligence lawsuits filed after the allowed statute of limitation will get dismissed in a court of law. If you have been hurt by someone else’s negligence, don’t hesitate to contact our negligence lawyers today to preserve your legal rights.
Determining Liability & Compensation in General Negligence Cases
Typically, the plaintiff only needs to make a reasonable argument that the defendant was negligent– even if they were being careful. The compensation a plaintiff is entitled to depends on the cause and responsibility of the defendant. For example, in a case that involves only two parties (you and the defendant) where you were careful, but the defendant was not, then you would be entitled to all damages awarded.
But if both parties were careless and contributed to the accident, then the court may use a percentage system to allocate fault when awarding damages. That’s because California is a comparative negligence state. This means that the state allows for the injured party to collect damages even if they’re partially at fault. For example, a judge could assign 75% fault to the defendant and 25% fault to the plaintiff in a car accident case. In this case, the plaintiff may only be able to collect 75% of the damages instead of 100%.
Defense to Negligence
A person or company being sued may have a defense to a negligence lawsuit including:
- Comparative negligence – This defense allows the blame to be shared between both parties and for damages to be awarded based on each party’s share of fault.
- Contributory negligence – This defense prevents the injured party from collecting any damages because they were reckless and partially to blame for the accident. For example, the plaintiff was speeding, and the defendant was driving drunk. Both parties engaged in negligent behavior that contributed to the accident.
- Assumption of risk – A person enters a dangerous situation voluntarily even understanding the possible risk. By doing so, the person assumes the risk of injury as they had the option to avoid the risk but did not. For example, when you attend a baseball game, there is an assumed risk that you may get hit by a baseball.
Contact Mesriani Law Group If You Have Suffered Due to Negligence
If you have been harmed due to someone else’s negligence, you may be entitled to damages for your losses. The negligence lawyers at Mesriani Law Group have decades of experience handling these types of cases and have recovered maximum compensation for our clients. Contact our law firm today for your free consultation and see how a negligence attorney can help you explore your legal options.
General Negligence Lawyer FAQs
What are damages in negligence cases?
In negligence cases, damages are compensation awarded to the victim for the injury or loss caused by the wrongful action of another party. Victims may be entitled to economic damages for verifiable monetary losses such as past or future medical expenses, household services, property damages, lost wages, or lost future earning capacity. Non-economic damages may also be awarded for non-monetary losses including pain and suffering, emotional distress, inconvenience, loss of consortium, loss of companionship, or loss of enjoyment.
Why is proof of causation so important in a negligence action?
Proof of causation is important in a negligence case because in order to prove that another person’s actions or inaction is responsible for your harm, you need to show that their behavior caused your injury.
Is it hard to prove negligence in litigation?
The difficulty of proving negligence depends on the specific case. The various factors that must be proved in a negligence case will vary. Due to this, some negligence cases will be more challenging to prove than others. However, an experienced negligence attorney will be able to prepare the strongest case possible ensuring the highest of a successful outcome.
Is a mistake considered negligence?
Although not all mistakes are not considered negligent, some mistakes are. For a mistake to be considered negligent, a person must show that the other party who made the mistake did so in a way that is considered below the normal standard of safety. In other words, you must show that the other’s person mistake failed to meet a reasonable person’s standard of care.
How do you establish a duty of care in negligence cases?
In general, duty of care is based on how a reasonable person would act in a similar situation. For example, if the floor is wet inside a store, then a reasonable business owner would put signs to caution customers or anyone walking inside the store. In this case, the business owner would have a duty of care to put the sign to help prevent an accident in the store.
How is strict liability different from negligence?
In strict liability claims, a defendant is liable regardless of if they are directly to blame for the causing the injury. The only thing the plaintiff needs to prove is that the incident occurred and it resulted in harm.
How difficult is it to prove medical negligence?
Medical negligence can be very difficult to prove because of the complexity of most medical negligence claims. However, an experienced lawyer will be able to prove that the medical healthcare professional acted negligently and due to that negligence, the patient was injured. Generally, experts will be brought in to testify as to whether it is a case of negligence.