Negligence in personal injury claims and lawsuits

Have you been injured due to a person or corporation’s negligence?

Negligence is a key factor in personal injury claims and lawsuits. When an individual or entity has been negligent or guilty of wrongdoing, and causes the unnecessary injury of another, the negligent party or parties may be held legally responsible. They, or more commonly their insurance company, may be held liable for monetary compensation for the damages connected with such injuries through an injury claim or lawsuit brought forward by the injured person. The elements of negligence are duty, breach of duty, causation, and damages. Negligence is generally a matter of carelessness, an action or a failure to act in a manner that any other prudent person would engage in under similar circumstances. For example, a driver who takes to the road while under the influence of alcohol is a negligent driver who is not taking due care for the safety of others. Similarly, a landlord who refuses to repair a broken staircase on his premises may be deemed negligent by a court in regards to providing a safe environment for tenants and visitors. Negligence or misconduct is often the underlying cause in all types of accidents, such as those involving cars, buses, bicycles, motorcycles, trucks, and pedestrians as well as dog attacks, constructions accidents, hit and run, slip and fall accidents, train accidents, and swimming pool accidents.

What must be proven in a claim or court case?

To support a claim of negligence in a personal injury case, you must show that the negligent party owed you a duty of care, that he or she violated that duty, that the breach of duty caused your injuries, and that you incurred economic or non-economic damages due to the injuries, such as medical expenses, loss of earnings, pain, suffering, emotional trauma, and similar losses. All of these factors must be documented and presented in your claim to an insurance company or in your lawsuit against the negligent party through the courts. Luckily, at CLS Law we are fully versed in all of the legal factors involved in pursuing a claim of negligence on behalf of our clients. We have considerable experience in this field and have recovered millions of dollars in damages for clients throughout Arizona, including those in the counties of Maricopa, Yuma, Pinal, Pima, and Gila. If you think you may have a case, don’t hesitate to call 855-CLS-WINS today for a quick, friendly, and free consultation to discuss what we can do for you.