Legal Specs

Introduction to Negligence Claims

15 May 2008

While criminal trials are the most common, negligence claims are not far behind. So, just what is this claim all about? Well, here's an introduction to the concept of negligence.

Listen to politicians, government officials and the like and you will soon hear about the rule of law. This is a broad phrase, but carries a common theme. There are certain public policies that are in the interest of society and thus promoted in the individual laws.

These policies are often codified as a “duty” to do something. When driving a car, you have a duty to drive prudently and obey the laws of the road. If you sign a contract, you have a duty to live up to the terms of that agreement. If you are a doctor providing medical services, you have a duty to perform those services at a certain minimum level of competency.

Negligence is the violation of a general, catch-all duty that is applied to every day situations that fall through the cracks of other laws. The duty is essentially to act as a reasonable person would do so in the particular situation. The determination of whether you did that is made by a jury.

Negligence is a claim made under civil law. Put another way, it is not criminal situation where the result is a person going to jail if they lose the lawsuit. There is an exception to this, but it is rare as to not be worth mentioning. Regardless, a negligence claim is usually made with monetary damages in mind.

Let's assume you are in a car accident. You sue the other driver for driving negligently. A jury determines the other driver was speeding and had been drinking. They find the driver breached his duty to drive as a reasonable person would and award you money to cover your car repairs, medical bills as well as pain and suffering. That is negligence in a nut shell.

Aazdak Alisimo writes articles full of personal injury information for PersonalInjuryLawyerNet.com where you can find a personal injury lawyer near you.