What Does Negligence Mean?
Proving Liability in Personal Injury Claims
If you were injured in an accident that was caused by another individual, you have the right to take action to pursue the compensation that you deserve. With the help of an experienced and aggressive lawyer, you can seek financial support for your medical bills, lost wages, and even emotional pain and suffering. It is essential to understand the fundamental key to proving liability so that you can move forward with your claim and pursue justice with confidence.
At Bill Easterly & Associates, our personal injury attorneys want to help you understand the core governing factor of personal injury claims and how it applies to your case. At the root of liability is the idea of negligence; generally, when a party is determined to have been negligent in the event of an accident, he or she is typically considered responsible. Our team of legal professionals are dedicated to helping our clients gather any necessary evidence and details that can aid in proving that another individual’s negligence caused your injury.
Essentially, if an individual acts carelessly, recklessly, or without regard to human life, he or she is acting in negligence. This concept is based upon the general idea that everyone is responsible for acting in a manner that avoids endangering the safety of others. It is typically the backbone of all civil litigation cases, including personal injury claims. Winning a recovery for an injury case almost always requires that you prove the defendant was negligent.
Factors to prove negligence include:
- The defendant owed the injured party or the public a duty to avoid causing harm.
- The defendant failed to take reasonable measures to uphold this duty.
- The defendant’s failure directly, or proximately, caused the plaintiff’s injury.
Comparative Negligence in Tennessee
It is important to note that negligence is not always one-sided. In some cases, both parties may have been acting in negligence and contributed, in part, to an accident. A plaintiff suing for damages caused by the defendant may be held partially liable for his or her own actions leading up to the accident. In these scenarios, the plaintiff will only be entitled to the percentage of the total damages for which the defendant was liable. For example, if a plaintiff is determined to be 25% responsible for a car accident, he or she can only recover up to 75% of the total amount of damages he or she incurred from the defendant.
Additionally, multiple parties can be considered negligent in causing your accident. This means that you may not only be able to seek compensation from one individual. In certain scenarios, you may also be entitled to recovering damages from manufacturers, property owners, and government agencies. For example, in a truck accident, you may be able to pursue a recovery from both the driver of the truck and his or her company.
Let Us Help You Seek Maximum Compensation
Proving negligence can be complicated and can require extensive evidence from witnesses, police reports, and medical documents. Our injury lawyers at Bill Easterly & Associates, can thoroughly investigate the circumstances surrounding your injury to build an aggressive case to prove that the negligence of another individual caused your damages. Furthermore, we can fight to hold any and all parties that may have contributed to your accident accountable.
We have successfully recovered millions of dollars on behalf of our clients because we understand the concept of negligence and how to apply it to each case. Over more than 25 years, we have gained extensive experience and have proven our ability to win cases. Our team of legal professionals are dedicated to fighting for the rights of individuals who were injured at the hands of another, because we understand the frustration and stress that it causes. Don’t suffer financially for your injuries; we’re ready to help you take action!
Schedule a free consultation to begin your path to justice. Call our firm today!