How do I know if something that injured me was "negligence"?

Sometimes it’s easy to determine that you are injured as a result of negligence. Other times it takes intense investigation to determine whether there was negligence. Lawyers with substantial experience in negligence law will be best able to advise you whether a certain action or inaction was negligence. Consider the following areas where people can be injured.

  1. Vehicle collisions. Drunk driving and running red lights are obvious examples of negligence. But not every vehicle mishap is negligence of a driver. For example, if a collision is caused by a defect in the car that the driver did not know about and had no reason to expect, such as a stuck throttle or a sudden brake defect, the driver might not be negligent. Remember that negligence involves unreasonable action or inaction. The mere fact that a collision occurs does not necessarily mean that a driver was negligent. Most collisions involve fault on the part of someone, but sometimes there are collisions in which it cannot be shown that someone was negligent.
  2. Premises liability. Sometimes people are hurt in another person’s home or in a public place. Being injured on property does not necessarily mean that the property owner will be held responsible. If a store allows a floor to become wet and slippery and takes no action to wipe up the water or warn customers, the store can be negligent if a customer slips on it. But if the store did not have a reasonable opportunity to discover the slippery floor and do something about it, the store would probably not be negligent.
  3. Medical malpractice. Medical negligence is more subtle and not easily capable of detection. As a result, it is almost always very difficult to prove. A doctor may give an incorrect diagnosis, prescribe the wrong medication, or perform a surgery with bad results, without being “unreasonable.” Medicine is not an exact science, and doctors must use their best judgment in caring for their patients. Being “wrong” is not the same as being “negligent.” Doctors are only negligent if their care falls below the standard of “reasonable medical care.” It is easy for a doctor to find countless other doctors who will testify that what the doctor did (or failed to do) was an acceptable judgment call and not negligent.

    Because of this, medical negligence is almost always difficult and costly to prove. Insurance companies are usually slow to settle medical malpractice claims because there are so many lines of defense available to the doctor. They know that the patient will probably have to spend thousands of dollars to fully investigate the claim and find doctors willing and able to support the claim. And when the patient does invest the time and money to develop the case, the insurance company knows that juries are usually sympathetic of the doctors and that juries return verdicts against the patient and in favor of the doctor. (Statistically, patients lose 80 percent of the time. This is not a misprint – it’s a fact.)

    We give you this information to prepare you for the reality that medical negligence claims are expensive and risky. If you think you have been seriously injured by a doctor’s negligence, consult an attorney right away. It is frequently necessary to get opinions from medical experts in order to learn whether you have a case that should be pursued. And, depending on the lawyer’s willingness to take risks, be prepared to get second opinions from other lawyers.

  4. Product liability. Defective products can cause injury. Generally, the law provides that a product that causes injury is defective if it could have been made safer. Manufacturers and sellers are required to warn of dangerous products, and the failure to warn of the danger can impose liability on the manufacturer or seller. Product liability claims, then, do not necessarily require “negligence.” This, however, does not make product liability claims easy. On the contrary, they are usually very complex and require intense scientific investigation. Typically, your attorney will need to find numerous experts ready to help prove your case. Like medical negligence claims, product liability claims are usually very expensive. If you think you have been injured from a defective product, consult a lawyer as soon as possible. And be prepared for a long, hard, expensive fight if you choose to pursue your claim.


Personal Injury Claims