Negligence

Most personal injury cases are caused by someone’s negligence. While negligence means one thing to laymen, to the court and to the law, negligence is a much more complicated term that is important to understand if you are going through a personal injury case.

The term negligence is a common term in criminal and civil law, because most accidents are argued as being caused by someone. This laying of blame is where the “negligence” charge comes from. While negligence means carelessness, in the eyes of the law it is not simply carelessness, but carelessness that a reasonable, sane person would almost always avoid, because it would hurt someone else.

There are five main elements to being negligent under the law:

  • Duty of Care – you have a duty not to harm your fellow citizens.
  • Breach of Duty – doing what only an unreasonable person would do.
  • Factual Causation – the person has not followed through with the first two duties.
  • Legal Causation – is against the law.
  • Damage – has caused damage or hurt to another person.

These are the five things that prosecutors look at when assessing the damage done in the accident, what caused it, and if the person was being negligent. Understand the vocabulary of the law and you can keep a better eye on your own case.

Talk to a Rhinelander Personal Injury Lawyer

If you or a loved one has been involved in personal injury accident, needs legal advice or representation, then contact the Rhinelander personal injury lawyers of Habush Habush & Rottier S.C. ® by calling 800-242-2874.