Personal Injury Negligence

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Hamilton & McInnis, LLP

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This is a legal term that refers to any carelessness that can lead to personal harm. Personal negligence can even involve a careless action that causes injury to another person. For example, if you are on a ladder and knock a can of paint onto another ones head, this is a form of personal injury negligence.

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Hamilton & McInnis, LLPThis is a legal term that refers to any carelessness that can lead to personal harm. Personal negligence can even involve a careless action that causes injury to another person. For example, if you are on a ladder and knock a can of paint onto another ones head, this is a form of personal injury negligence. It can also involve failure to take a necessary action such as if the property owner fails to remove ice from the sidewalk and someone falls.Personal Injury Negligence

When the negligence of a person leads to the injury of another, the person that was at fault could face a personal injury lawsuit. For example if someone slips on the store's wet floor they can begin a lawsuit against the storeowner. The person who was injured will have to demonstrate that the storeowner, or defendant, failed to live up to a duty along with proving that the failure caused the injury. The injured person will also have to demonstrate that it was the lack of action or actions of the defendant that cause them to suffer any damage.Personal Injury Negligence

A part of winning a personal injury negligence lawsuit is demonstrating that the defendant breached their duty of care, which is a legal term that describes a standard of behavior that is expected of an organization, company, or person. Basically it means if a reasonable person could foresee that an injury might happen because of certain situations or actions they have a duty to avoid those situations or actions. An example of duty of care would be if a reasonable person could foresee that if they throw construction debris off the roof it could injure someone walking below so the person that is working with these materials should avoid doing so. If they go ahead and throw it off the roof and someone gets hurt that person has breached their duty of care.

Personal Injury NegligenceAnother factor that is important in a personal injury negligence lawsuit is cause. The person who is suing has to demonstrate that their injury is the result of someone else being careless. An example of this is if the person fell down a flight of stairs because the property owner did not maintain the steps and the person that was injured has back pain after they fell they will need to prove that the fall caused the pain. They will need to show that it was not caused by another condition or injury that happened before they fell.Personal Injury Negligence

The one filing the lawsuit has to show that he suffered damages because of defendant's inaction or action. Some examples of damages suffered could be time off from work after the injury, medical costs, or loss of income if the injury causes them to become disabled.Author Bio

This article is penned by Richard for the personal injury attorney firm Hamilton & McInnis, L. L. P. Hamilton & McInnis, L. L. P. is a full service law firm committed to providing its clients with aggressive and effective representation. If you are looking for experienced law firms San Diego or need person injury laywer to defend your case then look no further. Call Hamilton & McInnis, L. L. P. at 877-850-6624 today.Personal Injury Negligence

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