Posted on behalf of Henness & Haight on Nov 05, 2015 in Personal Injury News
The crux and core of personal injury law is the concept of negligence. In almost every claim of this type, proving that the offender was negligent in their action or lack thereof is the very basis of proving that they are liable for the accident. For those who have been victims of accidents and injury caused by the fault of another, understanding the elements of a negligence claim can be vital to ensuring that you get the compensation to which you are entitled. Here is an overview of how a negligence claim works in Nevada and how negligence is defined in the context of the law.
The basics of a negligence claim are fairly simple. When someone acts in a way that is careless and causes injury to another person, they have behaved in a negligent manner. This is the basis for determining fault and assessing the compensation to which the victim is entitled from initial discussions all the way through any court trial.
There are many elements that come into play when proving that the defendant in a case has behaved in a negligent manner. These break down into four main categories: duty, breach, causation and damages.
Every person has a legal duty of care to ensure that they behave in a manner that does not put others in danger. The relationship between the parties may come into play: doctors have a different duty of care towards patients similar to how motorists do to each other on the highway, for example. Situations such as the duty of care for a property owner to maintain a safe premises may also come into play.
Once the duty of care is established, it must be shown that the duty has been breached. The defendant must have failed to behave responsibly and that behavior has directly contributed to the injury in question. The concept of reasonable person applies here. It must be shown that any reasonable person would agree that the duty has been breached.
Third, this breach of duty must be shown to have directly caused or been a major contributing factor in the injury suffered. This means that the person must have behaved carelessly, in a manner that put you in danger and that behavior directly contributed to the injury you suffered. For example, if a premises owner's failure to put up a sign warning of the danger of falling debris from a crumbling structure, he or she knows the danger is there and can be held liable when a person is injured by a dangerous property hazard.
Damages simply refers to the compensation to which you are entitled. This can include medical and recovery expenses, loss of income and opportunity, pain and suffering, emotional damage and other situational awards. If you have suffered an injury due to the negligence of another in Las Vegas, never try to take on the case alone. A qualified personal injury attorney can make sure that you successfully navigate the case and get the compensation you deserve.
For more information and a free consultation on your case, call 844.613.6275.