Personal Injury Negligence

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Hamilton McInnis, LLP
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Personal Injury Negligence
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. 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.
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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.
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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.
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Personal Injury Negligence
Another 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.
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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.
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3110 Camino del Rio South,Suite 203 San Diego,
California 92108 Telephone [phone] /
877.850.6624 Fax [phone] www.hm-lawyers.c
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