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Negligence

What is Negligence?

An Explanation From Tampa Injury Lawyers

In any personal injury case, the concept of negligence governs determining fault for the accident. Most injuries occur because someone was careless in their actions and as a result, someone else was hurt. Once fault is established, the proper steps can be taken to compensate the injured person for their injuries, medical expenses, pain and suffering, and more in accordance with the law.

Negligence can occur in many circumstances, such as in medical malpractice cases, defective product cases, or even in an automobile accident. If you believe someone acted negligently which resulted in harm to you or a loved one, you should consult a Tampa personal injury attorney to protect and preserve your rights.

Determining Negligence in Personal Injury Cases

The term negligence is defined as conduct that falls below the standard of care required by law for the protection of others. In many statutes and contracts, it is expressed as failing to do what a reasonable and prudent person would do under the same or similar circumstances. When attempting to prove negligence caused an accident or an injury, in addition to showing that someone owed a duty of care which was not met, it must also be shown that negligence was the proximate cause of the injury or damages.

There are four elements involved in proving negligence:

  1. The defendant that caused the accident had a legal responsibility to avoid causing harm;
  2. The defendant’s failure to act in a certain way breached a legal duty of care;
  3. The injury was directly caused by the actions of the defendant; and
  4. Someone was injured as a result of these actions.

As with any accident that results in an injury, in order to present a claim for damages, a certain degree of negligence must have occurred. The drunk driver hitting a pedestrian, the doctor prescribing incorrect medication, the food processer that allowed contaminated food to be sold, all have a degree of negligence that must be proven to have occurred in order to obtain a settlement for whatever injuries or damages were sustained.

How can a Tampa attorney prove fault?

Smith & Stallworth, Attorneys at Law can provide you with the skill, knowledge and resources you will need in order to properly investigate and document your negligence claim. A thorough review of all of the facts of the negligent act can provide you with the options you have to pursue reimbursement for medical expenses, lost wages and even pain and suffering caused by the accident.

With our caring and dedicated legal team, we have helped numerous clients in Tampa and across Florida. We can do the same for you. Contact a Tampa personal injury attorney from Smith & Stallworth, Attorneys at Law to discuss your rights and legal options.

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