Were You Injured Due to Negligence
If you sustain injuries because of another person's negligence, you deserve compensation for your injuries. People are considered to be negligent if they violate a statute or regulation that is enacted to maintain safety. As a matter of law, violating a statute or regulation is negligence. A person is also considered to be negligent if he or she engages in reckless conduct that reflects a knowing disregard of a substantial and justifiable risk. In short, reckless conduct reflects an "I-don't-care-attitude." Negligence may also take the form of willful (a conscious decision to disregard the rights of others) or wanton (though not intending to cause harm, doing something so dangerous that the person should know that harm would likely result) conduct.
If the negligent acts of another person cause injury to someone else, don't be surprised if the negligent party's insurance company rebuffs damage claims. In most cases, there will be a denial of liability. By saying that the policyholder was not to blame for the accident, the insurance company may hope that the accident victim takes its word at face value or will drop his or her claim in frustration. Whichever is the case, accident victims should make a point of consulting with an attorney to discuss the facts of their cases. This initial consultation will enable the lawyer to assess the facts of the case and give an opinion as to whether the matter should be pursued through legal channels.
Those who suffer physical harm as the result of the negligent actions by others are legally required to be restored to their pre-injury condition. Both economic (out-of-pocket) and non-economic (loss of physical and mental well-being) losses are restored through monetary compensation. The term "general damages" refers to such non-economic losses as "pain and suffering", The value placed upon such loss is largely left to the discretion of the jury. "Special damages", on the other hand, are damages awarded for such compensable harms as medical expenses and lost wages. These can easily be quantified with the aid of bills, pay stubs, etc. Thus, it is important for plaintiffs to keep a full accounting of their losses so that they might receive compensation.
Were You Injured Due to Negligence
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