An In-Depth Look at Both Sides of Personal Injury Negligence

by Ladyblogger on July 9, 2013

If someone’s actions have caused you direct physical or mental harm, it is possible that you can file a personal injury negligence lawsuit. However, in order to win the case, you will need to be able to prove that the person in question was actually negligent. For example, if someone gets behind the wheel of their car after having too much to drink and they crash into your vehicle, it will be easy to prove that they were negligent.

But a personal injury case will only let you pursue financial compensation for any injuries that you suffered. In other words, according to the DeVore Law Office, if you are driving down a freeway in Saint Paul, Minnesota, and a drunk driver injures you and totals your car, you will have to take separate legal action if the insurance company does not cover all of your vehicle’s damages.

How is Negligence Determined?

A person can be considered negligent if their specific action or inaction causes another person to suffer bodily injury. However, there are some situations when it is difficult to determine if someone should truly be held negligent. Consider, for example, how often surgeons perform high risk surgeries. Although they might have a patient die on their table as a result of a surgery, they will most likely not be held negligent as long as they followed all of the correct procedures. On the other hand, if a surgeon loses a piece of jewelry inside a patient and this causes serious complications, the patient will most likely be able to win a medical malpractice case against the doctor because of the injury that they incurred.

How can I Avoid Being Negligent?

Because we live in a highly litigious society, it is essential to take steps to protect yourself from dealing with a personal injury lawsuit. For example, if there are any trip hazards on your property, you should get them fixed as soon as possible. In the meantime, you might want to consider spray painting the issue to call attention to it so that people are less likely to trip. Additionally, if you have a pool in your backyard, you need to keep it secured at all times and put a sign up that indicates that people cannot swim without permission. Doing this will help you win a personal injury or wrongful death case if a child enters your property without your permission and drowns in the pool.

Working with an Attorney

Whether you have been accused of negligence or want to file a lawsuit against someone else, you should always work with an attorney who has experience with personal injury cases. After all, these lawyers will have the best chance of successfully representing you, and you do not want to take any chances with a case that could have serious financial ramifications.

Proving negligence is not always easy, but as long as you gather all of the applicable evidence, it is definitely possible to win your case, especially with a skilled personal injury attorney on your side.

Anthony Joseph is a blogger/author who has a strong interest in the area of injury law. Kevine DeVore, of the DeVore Law Office, is based in Minnesota and is known for his aggressive legal tactics and track record of success for both personal injury and negligence defense clients.

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