Understanding Negligence in the Context of General Law

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Image Credit: msprecovery.com

Image Credit: msprecovery.com

The word negligence has a unified meaning. If you check a dictionary, you will come across the definition that negligence is at best, the failure to exercise a certain amount of care that it necessary for the protection of all people and their interest, especially in circumstances where they need that care to be exercised.

However, in the legal world, where negligence is a primary key in determining the legality of complaints, negligence has a deeper meaning and has specific elements.

Specific elements of negligence

  1. Duty

Duty is the obligation that a person or company should take upon themselves when they engage in actions that have the possibility of harming others. For instance, it is a person’s duty to make sure that he or she drives a car according to the rules and regulations of the state, and to not, say drive while drunk or drive without a license. There are a lot of common laws that people forget are there to be executed by everyone. Some of these laws are well written while some of them have been created out of moral codes and ethics. Nevertheless, they are duties of a person that should be observed so as not to harm others.

  1. Breach

When a person or a company fails to do their duties, whether intentionally or negligently, then breach is made. This occurs when a drunk driver bumps into someone else’s car or when they hit a person while they are driving. In essence, breach is the accident or incident that occurred to justify that the duty of a person was not done.

  1. Causation

When a breach on duty was made, there can be no case unless actual harm was committed. Hence, even when a person drove his car when he or she was drunk, there is no case if no actual harm was caused upon someone else. If they are caught, they could be charged with another offense. Causation is what connects the break and the damage or injury.

  1. Damages

Since harm and causations are established, it should follow that damage is also in place. The evidence of the harm that was made can be made evident through the severity of the damages that were made. Damages can refer to things like physical damage, material damage and all other tangible forms of damages. However, it could also be in the form of suffering, emotional stress, and torment and sorrow for the family and the victim.

These are very basic things that you need to understand in order to determine if you have legal claims after an incident. If it is still fuzzy and you still need the counseling of experts, you could always go ahead and look for an injury lawyer in Anniston, Florida, New York, or wherever, just as long as you look for one that could handle legal cases in whatever state you are in. This is because lawyers can only practice law in areas they have passed the bar in.

Do not fret, though, because you will find the lawyer you need, no matter what the case you hold, wherever you may be. There are a lot of great practicing lawyers all over each state. The key is to look for the perfect firm that offers the services you need. You can look for a personal injury law firm if you need to, or you can ask for help from a divorce law firm if that is the case, or you can ask for expert lawyers in a will and probate law firm if that is the problem you currently face. Whatever the situation, you can be sure that expert and dedicated law firms are available, just as long as you take the time to find them.

Things to Consider When Hiring a Lawyer

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Image Credit: globe-views.com

Image Credit: globe-views.com

Since the rise for the need of lawyers, the law practitioners responded greatly by refocusing their careers into this line of work. This is not just because of the demand, but because the cases are almost always available every day, since a lot of possible incidents that people could encounter on a regular basis will need the help of lawyers.

With a lot of lawyers to choose from, it is but right that anyone should check on what he or she needs for his or her case, so that the right lawyer can be chosen.

The very first concern would be lawyer fees. You should look for a lawyer that is willing to agree on contingency fees. Meaning, they will only be paid when you, the client, will be able to win the case and gain compensation from the company or individual that you are filing a lawsuit against. Most lawyers who agree on this have to see that you have a strong case and if you do, you have to present all evidences and facts to them and give them access to all police records and other documents pertinent to the investigation. You should seek out for lawyers that agree on this especially because most of the times, lawyers are expensive. I know that some cases involve compensation from the adverse party. If your lawyer would be much more expensive than the compensation you are aiming for, then the whole ordeal would be a worthless chase.

Next, look for a general lawyer that has handled something similar to your case before, and that they won. Ask for the percentage of their winnings in handling similar cases. If possible, look for those lawyers with good reputation. However, be very cautious in letting lawyers with too many clients handle your case. While the fact that they have plenty of clients could only mean that they are good in what they do, it could also mean that they might not have the time to handle your case right away. if you are in a hurry of solving the case, then you should look for  a competent lawyer that has the time to attend to your case immediately.

Another thing to be concerned about when looking for the right lawyer is that you have to make sure that the lawyer you spoke with, is the very lawyer that would handle the case. Sometimes, lawyers accept clients and transact with them but send someone else to handle the transactions for them. While it is true that they could do that, you should express to them whether you would like it that way or not. This is something to be concerned about because the chances of winning the case would vary since you spoke directly to one lawyer yet another one is given the case. If you agree to this set-up, you should tell your lawyer that you would want to speak to whoever is actually handling the case. If you do not agree to that set-up, you can discuss your options with the current lawyer.

These are just some of the things that you should see through in a lawyer and in your case. If you still have other concerns, you could always contact lawyers in your area and seek out for the best one to handle your case.