Negligence
Negligence is the failure to use reasonable care to avoid a
foreseeable harm to person or property. To prove negligence,
several criteria must be met:
- First, you must show that there was a
duty owed from one person to another. The nature of that
duty may change depending on the relationship of the parties.
Typically, persons owe a duty of "ordinary care" to other
people. However, a child is held to a lower standard, that
being what another child would do under the circumstances,
as opposed to what an adult would do. Certain professionals
and tradesmen are held to a higher standard, that being what
other persons in that profession or trade would do under
the circumstances.
- Second, it must be shown that there was a breach of that
standard of care. In other words, someone failed to do what
they should have under the circumstances in light of the duty
owed from one person to another.
- Third, it must be shown that the breach
of that standard of care was the actual and "proximate",
or legal, cause of the injury. This means that the injury
was the foreseeable consequence of the breach of care.
- Lastly, damages must be shown to have resulted from all of
the above.
What You Need To Know:
Insurance companies' obligations are to their stockholders and
policy holders, not to the people injured by their insured's
negligence. Insurance companies' desire to maximize their own
profits provides them with every motivation to try to deny your
claim or pay you the very minimum amount that they can get away
with. The insurance companies also have enormous advantages:
they have immense wealth, armies of experienced adjusters and
lawyers and years of experience reducing and denying claims.
At the Law Office of Stephen A. Burroughs,
our only obligation is to you, our client. We will use our experience
and every resource available to protect your interests, and we
will work hard to help you receive the full value for your case.
We will advise you every step of the way to help you avoid any
mistakes that could cost you money. There is no charge for attorney's
fees until you recover money for your personal injuries, and
we will also help you resolve your property damage claims for
no fee whatsoever. For assistance, call today at 1-877-300-3773, contact
us or submit
an free online case evaluation.
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