The Legal Definition of Negligence

Most personal injury claims are based on the legal concept of negligence, which refers to one party’s failure to treat the other party in an acceptable manner. However, negligence is not always as easy to define as you would think. As with many other words, “negligence” can mean one thing in everyday conversation and something else in court.

If you have been harmed by someone else’s poor choices, you need to be informed about your legal rights and options. To discuss your case with a knowledgeable Phoenix personal injury lawyer, call the offices of Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. at 800-763-0964.

Have You Been a Victim of Negligence?

Unfortunately, even if another person or entity has hurt you, they may or may not have committed an act of negligence. To meet the legal definition of negligence, all of the following conditions must be met:

  • A level of care. This can be determined by a contract between two parties, or by their professional relationship (for example, doctor and patient). Sometimes negligence cases stem from the duty we all have to not place others in harm’s way.
  • A failure to meet that level of care. This failure can involve a deliberate choice to ignore safety protocol or threaten another person. Alternatively, it many only involve an oversight or genuine mistake. The strength of your case will depend on the relationship between yourself and the defendant; some parties owe you a higher standard of care than others.
  • A direct relationship between that failure and your injuries. It is usually not enough to show that the defendant made a mistake and you got hurt. You need to show that your injuries were directly caused by that mistake.
  • Significant injuries. Injuries that do not require medical care or cause any form of lasting harm are rarely accepted as grounds for a lawsuit.

If you believe the circumstances of your injury could meet these requirements, you may be able to win compensation for your losses. Our team of experienced Phoenix negligence attorneys can provide further information and advice.

Contact Us

The law offices of Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. have been helping victims of negligence for over 50 years. To speak with one of our Phoenix personal injury attorneys, contact us at 800-763-0964.

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