Sunday, August 2, 2009

What You Should Know About a Claim of Negligence

In our society, people have a duty to behave in a way that does inflict physical or emotional harm upon others. If you have suffered as the result of another person's negligence, you may be entitled to compensation. Compensation is usually in the form of a payment.

Some of the most common claims of negligence include a vehicle accident, work accident, slip and fall, defective product, and medical incompetence, including dentistry.

People have a legal duty of care not to act recklessly to others. Duty of care can be considered a social contract held by individuals towards others within society. It is the first factor that must be established to proceed with a claim of negligence. The plaintiff must be able to prove that the defendant breached a duty of care which resulted in significant damage either physically or psychologically. .

A claim of negligence can also result in receiving special damage compensation. You may be entitled to receive all losses associated with the injury. This includes: loss of wages, property damage such as a vehicle accident, costs for rehabilitation, medical costs, and, added expenses resulting from the injury such as car rental expenses, and pain and suffering.

To make a claim you have to prove that you suffered a loss as the result of someone's negligence. Some examples include:

- Another driver was speeding and crashed into your car
- A doctor administered the wrong medication.
- A company allowed a contaminated product to be sold
- Severe injuries resulting from a dog attack
- An injury resulting from an unsafe working condition.

Once a duty of care negligence exists, the plaintiff must show that the defendant breached it. Breach involves proving that the defendant's actions resulted in breach of standard care. This can vary because most professions have different standards of care. For instance, a physician's standard of care is different from a lawyer's standard of care. The breach is proven when the plaintiff shows that the defendant's actions fell below a reasonable standard of care and directly caused the injury. If a defendant can prove that every precaution was taken, but the injury still occurred and would have likely occurred, then the plaintiff will not prove negligence.

If you think you have suffered an injury as the result of negligence, you may be able to make a negligence claim in civil court. Because negligence claims are very complicated, it is important to seek legal advice before proceeding. There are personal injury lawyers that specialize in specific areas of negligence. It is important to consult a lawyer who specializes in the area of your particular injury. For instance, a brain injury lawyer will have expertise in traumas associated with the brain. They will have a list of medical experts who specialize in brain conditions. Because states vary regarding the time limits to make a claim of negligence, it is important to consult with a lawyer as soon as possible. Ask your lawyer to review your claim to see if negligence has occurred. A personal injury lawyer will be able to tell you if you have a valid negligence claim. It is a good idea to consult with a couple of lawyers to make sure that you are receiving an accurate claim assessment.

Suffering an injury can be a traumatic time for victims and their families. If you feel you have a claim of negligence, you may be entitled to compensation. A personal injury lawyer will fight on your behalf and free you of the stress associated with a civil court case. You will be able to focus your attention on recovery.

Find a Toronto personal injury lawyer that will help your case with honesty. Whether it is a medical malpractice, nursing home abuse, dog bites, work-related injuries, car accidents, traumatic brain injury, TBI or a slip and fall injury, our injury Lawyers can help you.

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