General negligence is a legal concept that is used to recover compensations for injuries sustained because of another person’s recklessness or lack of caution.
Negligence is usually associated with carelessness but the terms should not be interchanged as someone may be as careful as they can be yet the level of competence can still fall below of what is expected from a reasonable person.
Through civil litigation, an injured person can recover damages for the harm they sustained if they can prove that another person behaved negligently and caused their injury.
In Los Angeles, General Negligence attorneys must establish and prove four elements to win a case. The four elements are:
• Duty
• Breach of Duty
• Causation
• Damages
If it is apparent that these elements cannot be met, the defendants may move for a judicial resolution early on to prevent the case from going to jury.
Elements of Negligence Claims
Duty – Under the California law on negligence and personal injury, all people are compelled to act or behave with reasonable care to prevent others from being harmed and to provide security for them. People are required to act with care and precaution in whatever they do.
The state standard is based on how a reasonable person will act given the same instances.
Breach of Duty – If a person failed to perform their duty in accordance to the law’s standards or has acted negligently and did not act in a manner that is reasonable and safe then it may be considered that they breached their duty.
The court or the jury will be the one to decide if that certain person has met or failed the “reasonable person” standard.
If proven that he did not meet those standards and his actions caused injury to the plaintiff then he/she may be held liable for damages.
Causation – Breach of duty alone is not accepted as grounds for a negligence case. Actual and Proximate causes should also be considered. The injury should be actually and proximately be brought about by that person’s actions.
For the claim to be valid, the defendant’s negligence should result in actual harm to the plaintiff.
• Actual Cause – Plaintiff would not be injured if not for the defendant’s actions.
• Proximate Cause (Legal Cause) – Focuses more on the probability standpoint. It examines whether the injury could have been foreseen or was it too remote to be blamed on the defendant.
Damages – These deals with the monetary compensation asked by the plaintiff for their recovery.
There are various damages a plaintiff can receive if all the elements are proven. It can cover economic losses such as medical expenses, diminished earning capacity, lost income and other expenses.
They may also seek compensation for non-economic losses that is related to pain and suffering. Included in this are disfigurement, disability and past, present and future losses.
If the actions by the defendant are found to be gross or intentional, punitive damages can also be given to the plaintiff to discourage the defendant and others from doing similar acts.
If you are in need of a lawyer, Los Angeles has an abundance of general negligence attorneys who can help you in your case.
To help you with personal injury cases such as
general negligence and other related concerns, consult with our skilled
Los Angeles general negligence attorneys. Visit our website and avail of our free case analysis.
