What Does Negligence Mean In A Personal Injury Case?

The concept of negligence is central to personal injury lawsuits, but it is frequently misunderstood by the general public. Negligence refers to careless acts that harm another person, whether it happens through a car accident, an accident on their property or other means.

At The Law Office of Katherine R. Moore, our attorneys are skilled at assessing negligence in personal injury cases. Our firm can provide you with a clear picture of the strength of your accident claim and how likely it is to succeed in recovering the compensation you need to move on with your life.

The Elements Of A Negligence Claim

There are typically four elements of a personal injury suit that involve negligence.

  1. Duty — A person owed you a particular level of concern or care in his or her actions.
  2. Breach — The person did not live up to the duty they owed you.
  3. Causation — You were injured as a direct result of the defendant's actions (or inaction).
  4. Damages — You have injuries or losses significant enough to demand compensation.

For your claim to hold up in court, you must be able to demonstrate that all four elements are present in your case.

Can More Than One Person Be At Fault In A Negligence Claim?

The short answer to that question is: yes, of course. The lawyer from our firm who works with you on your case will review the information related to it — documentation of the accident, medical records, interviews with witnesses and the like — and assist you in identifying one or more parties who may be held responsible for your injuries.

It is important to note that California is a "comparative negligence" state, which means (for example) that if a plaintiff is found to be 30 percent at fault for the accident that caused his injuries, any compensation won through a jury verdict may be reduced by 30 percent.

More Questions About Personal Injury? We Have Answers.

Our firm is based in Redwood City and serves clients throughout the Bay Area and beyond. We are happy to answer all questions you may have about personal injury law and how it applies to your case. Call us at 650-399-0752, or email us via our online intake form.