Las Vegas Negligence
Negligence, A Legal Wrong
There are two general branches of laws that regulate a person’s conduct. One is criminal law; the other is civil law. Criminal law is the branch of law that punishes crimes. There are specific acts which are defined by statutes as criminal. Violation of these laws is an offense against the state. The state reserves the right to punish the offender for purposes of retribution and deterrence. On the other hand, Civil Laws regulate a person’s conduct in relation to his fellows. Violation of these laws is an offense against an injured person. It entails compensation and other reliefs due to the injured party. Under the branch of Civil Laws is the law on torts and damages. Torts is a term which embraces all acts which produce damages/injury to another. Negligence is the most common among the many variants of torts.
Civil Law requires everyone to observe diligence of a prudent and reasonable man. This is often referred to as ordinary diligence. This is the bear minimum standard of care everyone must observe. In some instances, the law requires a higher standard of care. This is often referred to as extraordinary diligence. Observance of these standards of care is necessary to foster peace and order. Also, these standards promote everyone’s right to life, liberty, and property. Conversely, when a person fails to observe diligence, and he injures another, there is negligence.
Thus, negligence is the failure to do or not to do that results to the damage of another. It is one’s failure to observe the standard of care required by his neighbors or peers.
The definition of negligence is broad enough to embrace a wide range of acts or omissions. Each case carries its own set of facts. Presentation of these facts in court will determine whether negligence can be established. However, there are accepted elements of negligence our courts of laws maintain: 1. The duty of the actor to observe the standard of care, 2. Breach of his duty, 3. Damage/injury to another person or his property, 4. Proximate cause.
Say for instance, a negligent car driver hit a pedestrian on a sidewalk. Because of that, the pedestrian got injured. The car driver may then be guilty of negligence. He may be held liable for damages to compensate the injuries the pedestrian incurred. For claims of damages, the pedestrian needs to file a case in court. He should establish that the negligent act causes his injuries. However, if the negligent act did not produce the injury, liability for damages may be avoided. Also, if there is damage but the actor is not negligent, liabilities may be avoided.
Personal Injury Lawyers
Prosecuting and defending a personal injury case needs the expertise of a personal injury lawyer. It is for anyone involved in a similar situation to consult a personal injury lawyer. Sometime, the case will be settled even before it reaches the court. In another, a compromise agreement would be had during the litigation. Or, it will be a long court battle before it would be over. A personal injury lawyer navigates a client’s case to the direction of client’s best interests.