General Negligence is the basis of all personal injury causes of action. The term is defined as a general failure to act as a reasonable person would under the same circumstances. For the purposes of a personal injury claim, a person is negligent when they cause an injury to another person due to their own unintentional actions.
general negligence describes a situation where a party’s action or inaction has constituted a failure to act with proper or reasonable care, resulting in harm to another person. Although there is a specific way to prove negligence, as described below, a good rule of thumb in determining whether another person or company has been negligent is to ask the question: would a reasonably prudent person have acted in the same or similar manner under the circumstances? If the answer is no, it is likely that the party was negligent. When a person is injured because of the recklessness or carelessness of another, that person may be able to sue the negligent party for financial compensation.
There are four key elements that must be proven in filing a lawsuit against an individual or company for general negligence:
Duty. The defendant (party that stands accused of causing injury) must have had some sort of duty to the plaintiff (injured party) to act in a certain way. A good example may be the driver of a car.
Breach. The defendant must have breached that duty in some way. As in the above example, a driver who is busy composing a text message and runs through a red light, striking a pedestrian, may be considered to have breached his/her duty to the pedestrian.
Causation. The defendant’s act or inaction must have been the proximate cause of the plaintiff’s injuries. In the above case involving a driver and a pedestrian, if the driver ran the red light because he/she was texting instead of paying attention to the road, and as a result of running the red light struck the pedestrian who was lawfully using the crosswalk to cross the street, this may be sufficient proof of causation.
Damage. The plaintiff must have experienced quantifiable damage of some kind. If the pedestrian suffered a broken leg and a concussion, the damage associated with these injuries may include medical expenses, lost earnings from missed work and possibly emotional trauma such as pain and suffering. The pedestrian would have the burden of proving that these damages were sustained; this is how the value of the personal injury lawsuit is determined.
The Lawyers at Law Offices of Michael A. Rabban understands that everything else stems from the basic concept of negligence. We will do everything possible to insure that the negligence of the offending party will be proven so that your personal injury case can move forward to a successful conclusion.
Contact us today by calling (818) 272-8882 to schedule your free, no-obligation consultation.
Suffering an injury because of someone elses negligent actions can be devastating to every area of your life. Not only can injuries leave you temporarily or permanently disabled and unable to return to work, but they can also drastically affect your personal relationships and finances. Fortunately, you can take action and fight to recover financial compensation by filing a personal injury lawsuit against the negligent party. Personal injury cases cover a wide range of accidents ranging from car wrecks to medical malpractice and even faulty products. That is why you need a skilled legal representative on your side to help you through these trying times.
We have handled all types of serious personal injury matters including car accidents, pedestrian accidents, dangerous products, construction accidents and wrongful death cases. Our experience can be the difference between getting a small settlement or getting a large settlement that you deserve when you have suffered a serious injury.
Attorney at Law
Michael A. Rabban has been regarded as one of the best Personal Injury lawyers in Los Angeles.
In 2009, he founded a very successful law practice that quickly garnered the respect of clients and peers alike.
He has handled cases involving work related accidents, car accidents, and many premises liability cases such as Slip and fall accidents, dog bite, and negligent security cases. To Michael, it had always been a life time dream to establish a practice who's mission was to treat each and every one of his clients with care, dignity and respect. He strives to afford every one of his cases, no matter how big or small, the time, effort and attention he or she deserves. He lives and breathes by the mantra that no person is without rights.Read More >
I know many attorneys and was having a hard time deciding who to use. I was fortunate enough to make a great choice and pick Mr. Rabban to represent me. He is professional, knowledgeable, personable, and took the time to answer all questions. He would follow-up with me regularly and pay close attention to the details of my personal case. The outcome of his hard-work paid off and I thank him for that. I strongly suggest him to everyone seeking counsel.