If you have looked around websites from personal injury lawyers, you have probably seen the words “negligence” and “negligent” quite a bit. That is because the legal idea of negligence is an essential part of any personal injury lawsuit. But what exactly is negligence in the context of personal injury law, and why does it matter if someone has been negligent?
When it comes to personal injury law, negligence refers broadly to whenever someone does something they should not do, or fails to do something they should have done, which results in someone getting hurt. Negligence is a critical component of any personal injury suit, since if someone was not negligent, they cannot be held legally responsible for any injuries they allegedly caused. To prove someone committed negligence, you must first show they had something known as a duty of care.
What is the Duty of Care?
The duty of care, in broad terms, refers to the legal responsibility people have to others to care for them and avoid doing harm for them. Most people only have the most basic duty of care, which is to refrain from engaging in activities that have a high likelihood of causing accidental harm to others. However, some people have a higher level of care required of them, which in turn makes it more likely they may be held responsible for harm others suffer. Some examples of these enhanced duties of care include:
- The duty of parents to care for and protect their children
- The duty of doctors to provide adequate care to their patients
- The duty of lawyers to represent and protect the interests of their clients
- The duty of property owners to make their property safe for tenants and visitors
- The duty of businesses to keep their premises safe for customers
Why is This Important?
It is important to be able to demonstrate negligence because, without it, there is no such thing as a personal injury suit. No matter how grievous the harm someone accidentally inflicts on someone else, if they were not negligent and in violation of their duty of harm towards the injured person, they cannot be held legally responsible. This is why it is important to make sure you hire a lawyer with knowledge of personal injury law, who can help you demonstrate the negligence of whoever harmed you. This way, you can obtain the compensation you rightly deserve for the injuries you have suffered.
If you or a loved one have been injured due to someone else’s negligence, you should seek out the personal injury lawyers at Zlotolow & Associates. Our seasoned New York personal injury attorneys bring more than two decades of trial experience to your case. We serve all five boroughs of New York City, as well as Nassau and Suffolk County. Our aggressive personal injury attorneys always demand maximum compensation. We have helped thousands of clients recover through settlements and courtroom verdicts.