What Is Negligence?
Legally speaking, negligence is generally defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same or similar circumstances. Negligence usually refers to actions that have been taken, but it can also refer to omissions. There are four elements required to establish a negligence claim. To make it easier to understand, let’s use medical malpractice as an example: suppose the doctor performs the wrong procedure.
1. The defendant owed the plaintiff a legal duty.
The plaintiff must show that the doctor or other medical professional actually owed them a duty of care. In order to show a duty of care, the plaintiff needs to provide evidence that the doctor was actually treating them and was responsible for performing the procedure correctly.
2. The defendant breached the duty
The doctor breached the duty of care owed to the plaintiff by performing the wrong procedure. When a person sees a doctor and agrees to have a procedure done, the most basic action the doctor can take is to perform the correct procedure. If somehow a mistake is made and the procedure performed was incorrect, there has clearly been a breach of duty.
3. Plaintiff suffered an injury
The fact that a doctor makes a mistake or acted negligently isn’t enough for you to prevail in a negligence lawsuit. You have to actually have suffered an injury. For example, if the doctor was supposed to perform a knee replacement but instead performed a hip replacement, then there’s clearly an injury that was suffered in this case.
4. The injury was a direct result of the breach of duty/negligent action
If your doctor replaces the wrong body part, it’s quite clear that the injury you suffered is a direct result of the doctor’s negligent actions.
How to Find the Best Negligence Lawyer
If you’ve suffered harm or an injury because of someone else’s negligence, you deserve to be compensated appropriately. Part of being compensated means finding a law firm that will fight for you and make sure that the party that injured you is held responsible for the damage they have done. At a minimum, you can expect to receive financial relief to help offset the harm that has taken place. We will fight to get you everything you deserve. It’s important to make sure you’re informed, so you know exactly what to look for and how to choose the best firm.
1. Know what you’re looking for
When looking for a lawyer or a firm, it’s important to have reasonable and intelligent expectations. What kind of lawyer do you need? What kind of case is it? If it’s a negligence case, you want to make sure that the firm you hire has experience with that specific type of case. Any lawyer can tell you that they’re experienced, but you want someone who can back up that claim with proof.
2. Research
Once you know what you’re looking for, do your research. Most people start with Google, and that’s not a bad idea. Do a search for negligence lawyers in your city or town. Once you’ve come up with the names of a few lawyers or firms, research all of them. This includes looking at their website to see what areas of the law they specialize in, and how much experience they have with negligence claims. Additionally, you’ll want to look at the reviews clients have left for them online as well.
If you have friends or family members who are lawyers or who work at a law firm, it’s a good idea to ask them for referrals as well. They might have suggestions about who you should hire, and sometimes it’s better to get a live referral instead of just looking via Google.
3. Set up multiple free consultations
All reputable law firms will offer a free consultation or a free case review when you’re interested in hiring them for a negligence case. If any of the firms you’ve researched aren’t willing to do this, you’re probably better off moving on. For those who do offer free initial consultations, you should set up a meeting with as many of them as possible to determine the best fit for you and your case. You want to make sure that the law firm you choose is filled with the best lawyers available to handle your type of case. You want to make sure that the firm you choose is enthusiastic about taking your case as well. You don’t want to hire someone who won’t give your case the attention it deserves.
4. Choose a law firm with a proven track record
When you’re looking for the best negligence lawyer near you, it’s important to choose a firm with a proven track record of success. Morgan & Morgan has won and settled countless negligence lawsuits all over the country. We have attorneys who can help you in the towns right near where you live. Some examples of our negligence successes at Morgan & Morgan include:
Morgan & Morgan Cases in 2021
- $2,500,000 won. The pre-trial offer was $500,000.
- $406,888 won. The pre-trial offer was $100,000.
- $180,000 won. No pre-trial offer.
- $6,640,031 won. The pre-trial offer was $400,000.
- $3,040,286 won. The pre-trial offer was $250,000.
This is just a small percentage of the successful cases we’ve handled in 2021 relating to negligence cases.
Hiring the right lawyer and the best law firm can make all the difference. Imagine if you hired a lawyer who was uncomfortable and inexperienced in the courtroom. Instead of knowing everything, there was to know about your type of case, they just accepted the first mediocre offer they received. They were probably unable to fight very hard for you due to their inexperience. Well, it doesn’t work that way if you hire Morgan and Morgan. Winning is in our DNA. As you can see above, Morgan and Morgan could be the difference between a $250,000 settlement and winning more than 3 million dollars!