What is negligence?

Many people ask, "What is negligence?" In order to prove that another party was "negligent" and that he or she ought to compensate you for your injuries, your personal injury lawyer must prove several things:

  • Duty of care: This refers to the responsibility that people have to prevent foreseeable harm to others. The courts will look at whether a typical individual could reasonably foresee that a certain action (or inaction) would likely result in an injury. For instance, we can all foresee that failing to stop for a pedestrian in a crosswalk could easily lead to that person being hurt.
  • Breach of duty: If someone has a duty of care in a particular situation, the lawyer must then show that the defendant failed to fulfill this duty. For instance, if the defendant drove recklessly through the crosswalk and hit the pedestrian, this would be a breach of duty.
  • Cause: Next, the attorney has to prove that the defendant's breach of duty actually caused an injury. If he or she ran over the pedestrian, the cause of the pedestrian's broken bones is quite clear. However, if you have a pre-existing condition, it may be more difficult to prove that the defendant caused or increased your injury.
  • Damages: If all of the above have been proven, the attorney can negotiate damages, which can include compensation for your medical bills, lost wages, pain and suffering and more.

Columbia, Tennessee, Personal Injury Lawyers With 35 Years Of Experience

If you believe you may have a personal injury case, do not hesitate to schedule a free initial consultation by calling Bart Durham Injury Law in Nashville at 866-468-6603, or contact me online. You owe no attorney fees unless my firm recovers money for you in a settlement or jury verdict. Se habla Español.