A negligence lawyer is someone who helps a victim of personal injury to compensation provided that the injury was caused by a third party.
Failure to exercise safe driving, failure to maintain safe premises, failure to properly diagnose or treat a patient, failure to adequately warn consumers about product dangers, and failure to maintain safe railroads are all examples of personal injury negligence. A basic negligence claim consists of proof of
1. A duty owed to victim,
2. A breach of that duty by defendant,
3. That the breach caused the plaintiff's injury and damges
Defenses Against Negligence
There are various factors that can either prevent a plaintiff from collecting damages or that will reduce the amount awarded.
Contributory negligence is negligence that is caused by both plaintiff and defendant. If the plaintiff contributed to his injury, then, in some states, the plaintiff will be prevented from collecting any damages.
Comparative negligence allows the plaintiff to collect some damages, but it will be reduced by the amount by which the plaintiff contributed to his own injury.
We handle all types of personal injury
and wrongful death cases
Unfortunately, many Lawyers are not true trial attorneys. Make sure to find one who has actually handled many cases IN PERSONAL INJURY LITIGATION and IN JURY TRIALS, as you don't want to be one of the the first clients with whom he goes to trial. While no client wants to go to trial, the best way to get a case resolved for the MAXIUM value is to have it properly prepared and ready to go to trial. Many of our cases are settle for much more than the average settlement amount simply because we diligently prepare our cases by taking the depositions of the witnesses, pictures, and experts, which proved to the defense and insurance company that we were ready and able to go to take the case to trial to be resolved by a jury. Some lawyers won't prepare cases for trial, or don't have the resources to do it, leaving the client with out any real option but to settle for whatever inadequate amount the insurance comany may offer them.