Personal Injury: What is Negligence?
Posted by: albright on Fri, May 27, 2016Share this post
Most claims that arise after an accident causes an injury require “negligence” to hold a party accountable for the injury. Negligence is generally a careless action caused by a person or company that causes harm to another party. The careless person is then legally liable for the harm. Determining that negligence exists is one of the key elements of building a personal injury lawsuit, through settlement talks to trial itself.
Winning a negligence case is fourfold: First, the plaintiff must prove that the defendant owed the plaintiff a certain duty, such as safety. Second, the plaintiff must prove that the defendant did not uphold that duty, either actively or passively. Third, the plaintiff must prove that there was a direct cause between the action or inaction that caused the injury. Finally, the plaintiff must prove that harm or injury did occur.
There are two types of negligence in United States courts. First is comparative negligence, which Nevada holds to. The other is contributory negligence, which only a handful of states still have. Contributory negligence means that if the injury was even one percent the plaintiff’s fault, the plaintiff is liable for all damages. Comparative negligence gives the parties responsible a percentage split based on the percentage of fault.
If you need help proving that negligence led to your injury, contact a Las Vegas personal injury attorney today. The experienced legal team at Albright, Stoddard, Warnick, and Albright is available today for a consultation.