ELEMENTS OF NEGLIGENCE COULD DETERMINE IF YOU HAVE A SUCCESSFUL LAWSUIT ON YOUR HANDS—CONSULT WITH DANVILLE LAWYERS NOW
It is a common misconception that just because someone injures you, you will be able to win a lawsuit against them. There are many legal standards that you would have to meet before you are able to succeed in a lawsuit, and it may be very hard if you don’t have an experienced attorney on your side. Personal injury lawsuits can be divided into two major sections: intentional and negligent. Intentional torts are lawsuits in which the wrongdoer intended to do what he did, and it caused injury. Prime examples of these types of lawsuits are assault and battery (which differs from the criminal version) and intentional infliction of emotional distress.
Negligent torts are more common because they include incidents that are not intentional, and may include a greater variety of incidents. In order to win a negligence lawsuit, the plaintiff (the person bringing the lawsuit) must meet six elements: duty, standard of care, breach of duty, cause in fact, proximate cause and damages. Under duty, the defendant must have an obligation to the plaintiff to conform to a certain standard of conduct. For example, there is no general duty to act, and particularly if the state (like California) does not have a Good Samaritan Law. So, people are not legally bound to stop by the side of the road to help someone who has been injured. Similarly, the person injured will not be able to win a lawsuit against people who have passed them on the road, but who did not cause the injury.
Under the element of duty, there are specific individuals who have a duty to you. For instance, your doctor would have a duty to treat your injuries, or at the very least keep you informed of your condition. There are additional professionals who also owe a duty to their clients. The law firm of Greenberg & Rudman LLP has won over $150 million in verdicts and settlements for their clients. We may be able to help you in your case, so don’t go into a lawsuit alone. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free and confidential consultation of your case. Go to www.alawpro.com to read more about the different settlements and verdicts that we have won for our clients.
Going through such a traumatic event can take a toll on many families and individuals. Having a knowledgeable attorney on your side can make the experience easier on you and your family. The attorneys at
We represent people who have been seriously injured as well as families of those who have been killed under