Phone: 619-432-5145
Phone: 619-432-5145
![NEGLIGENCE PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – What is Negligence? What does a Claim for Negligence mean? March 25, 2021 Negligence is one of the most common causes of actions alleged in a civil claim. Specially in personal injury lawsuits negligence tends to be the most common basis for recovery. When a plaintiff files a negligence claim, the injured party is basically alleging a cause of action for negligence in their underlying complaint. Negligence arises in a wide array of civil claims and is the most common basis for recovery in auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability and product liability lawsuits. When filing a cause of action for negligence the injured consumer is alleging that the defendant failed to exercise due care or acted with disregard for the safety of others. The most common of these personal injury cases is negligence arising in the context of car wreck cases. In car accident cases the injured party is alleging that the at fault party had a duty or obligation to drive with due care and they breached that duty when s/he collided into the plaintiff and caused injury. Negligence is unique in that an intentional motive is not required to find a defendant liable for damages. Rather a cause of action for negligence is based on non-intentional actions by the defendant. In California there are four elements that must be satisfied for an injured party to prevail in bringing a claim for negligence. In other words, if a plaintiff (the “injured party”) can establish that the defendant (the “at-fault party”): (1) owed a duty to act in a certain way or refrain from dangerous actions; (2) the defendant breached that duty owed; (3) the breach caused the plaintiff’s injuries; and (4) the damages sustained to the plaintiff are certain and quantifiable; the plaintiff can prevail in securing compensation for his/her personal injuries. In short, the elements for a cause of action for negligence are often summarized as: (1) duty, (2) breach, (3) causation and (4) damages. Negligence encompasses those occasions when an individual or legal person such as a business entity acts in a careless way and causes an injury to another person. In these instances, the careless person will be legally liable for any resulting harm and will compensate the injured party for his/her damages. Negligence is often the basis for assessing and determining fault in disputes and claims that arise from auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability, product liability lawsuits and other personal injuries. When filing a cause of action for personal injuries under a negligence claim, the plaintiff is entitled to recover compensatory damages. Compensatory damages are those damages that if recovered would make a plaintiff whole. Compensatory personal injury damages include special damages or economic damages, as well as general damages or non-economic damages. Negligent compensatory damages are better explained in the chart below: Compensatory Damages Special Compensatory Damages/ Economic Damages Special damages are unique to the individual plaintiff and vary significantly from one plaintiff to the next. An award for special damages compensates a plaintiff for costs and expenses incurred as a result of the incident or accident that caused their injuries. Common types of special damages: • loss of earnings • property damage • loss of future earnings • past medical expenses • cost for future medical care • cost of household expenses • reimbursement for cancelled trips or altered plans General Compensatory Damages/Noneconomic Damages General damages compensate a plaintiff for non-monetary damages incurred in a personal injury claim. Common types of general damages: • physical pain • loss of enjoyment of life • anxiety/humiliation • emotional distress • mental anguish, • pain and suffering, • loss of enjoyment • loss of consortium or companionship For more blogs discussing Negligent Cases including: auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability, product liability lawsuits and other personal injuries cases, see the links below: • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – HOW LONG DOES IT TAKE TO SETTLE A PERSONAL INJURY CLAIM IN CALIFORNIA? • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – INVOLVED IN A CAR ACCIDENT AND YOU THINK CANNOT AFFORD AN ATTORNEY? • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS I COMMON CAR ACCIDENT INJURIES – COMMON PERSONAL INJURIES FOLLOWING A CAR ACCIDENT AND WHY YOU NEED AN ACCIDENT ATTORNEY • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – INJURED BY A DRUNK LYFT DRIVER • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT DO I DO IF I WAS INJURED IN A CAR ACCIDENT? • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT IF THE AT-FAULT-DRIVER WAS NOT CITED FOR A VEHICLE CODE VIOLATION, CAN I STILL PURSUE A PERSONAL INJURY CLAIM FOR A CAR ACCIDENT? • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT IF THE AT-FAULT-DRIVER DOES NOT HAVE INSURANCE, OR LEAVES THE SCENE BEFORE I RECEIVE THEIR INFORMATION? • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WON’T MY CAR INSURANCE OR THE AT-FAULT PARTY’S INSURANCE COVER MY NEEDS AFTER THE ACCIDENT? • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – CAN I SUE A NEGLIGENT DRIVER IN A CAR ACCIDENT, IF I WAS A PASSENGER AT THE TIME? • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – CAN I RECOVER LOST WAGES IF I WAS INVOLVED IN A CAR ACCIDENT? • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – WHAT IF I WAS INVOLVED IN AN UBER OR LYFT ACCIDENT? • CAR ACCIDENT I RIDESHARE ACCIDENT I UBER I LYFT I PERSONAL INJURY SETTLEMENT I CASE RESULTS – $100,000 SETTLEMENT, INITIAL OFFER WITHOUT LEGAL REPRESENTATION $0 – WRONGFUL DENIAL OF COVERAGE [DO I NEED AN ATTORNEY?] [WHY A LAWYER?] • UBER ACCIDENT I LYFT ACCIDENT I CAR ACCIDENT I PERSONAL INJURY I RIDESHARE ACCIDENT LAWYER – INSURANCE COVERAGE FOR INJURIES SUSTAINED IN UBER ACCIDENTS AND LYFT ACCIDENTS • UBER ACCIDENT I LYFT ACCIDENT I CAR ACCIDENT I PERSONAL INJURY I RIDESHARE ACCIDENT LAWYER – TNC LICENSING REQUIREMENTS FOR RIDESHARE SERVICES SUCH AS UBER AND LYFT • LYFT ACCIDENT I CAR ACCIDENT I PERSONAL INJURY -WHAT TO DO IF YOU WERE IN AN LYFT ACCIDENT • UBER ACCIDENT I CAR ACCIDENT I PERSONAL INJURY -WHAT TO DO IF YOU WERE IN AN UBER ACCIDENT • PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – INJURED BY A DRUNK LYFT DRIVER • DOG BITE – Who Is Liable And What Should I Do? • TRUCKING ACCIDENTS I CAR ACCIDENT I PERSONAL INJURY – Types Of Trucking Accidents • SAN DIEGO DAYCARE ABUSE AND NEGLECT ATTORNEY • PERSONAL INJURY I DAYCARE NEGLECT I DAYCARE ABUSE – CHILD CARE ABUSE AND DAYCARE NEGLECT • TRUCKING ACCIDENTS I PERSONAL INJURY I CASE STUDY: TRACTOR-TRAILER WITH BALD TIRE LOSES TRACTION AND JACKKNIFES ON WET PAVEMENT RESULTING IN WRONGFUL DEATH – SETTLEMENT: $6,040,000.00 • BIKE ACCIDENTS I BICYCLE ACCIDENTS I CYCLIST INJURIES I TRUCK ACCIDENTS I CAR ACCIDENTS I WRONGFUL DEATH I CASE STUDY – CYCLIST DIES FROM INJURIES FOLLOWING COLLISION WITH A TRUCK – VERDICT FOR PLAINTIFF: $11.5 MILLION • PERSONAL INJURY I SLIP AND FALL I WRONGFUL DEATH – WRONGFUL DEATH AND LANDLORD NEGLIGENCE • PERSONAL INJURY I WRONGFUL DEATH I SETTLEMENT: VEHICLE OWNER FOUND LIABLE FOR NEGLIGENTLY ENTRUSTING A DRUNK DRIVER WITH CAR – NEGLIGENCE – NEGLIGENT ENTRUSTMENT – SETTLEMENT: $1,000,000 • PERSONAL INJURY I PRODUCT LIABILITY: California Product Liability Law: Oil Lamp From Target Came With Wrong Instructions – Products Liability – Failure To Warn – Negligence – VERDICT: $195,628.00 • PERSONAL INJURY I PRODUCT LIABILITY I CASE STUDY: AMAZON LIABILITY FOR DEFECTIVE PRODUCTS – PRECEDENT RULINGS HOLDS AMAZON LIABLE FOR PRODUCT LIABILITY CLAIMS JUST LIKE ANY OTHER DISTRIBUTORS AND SELLERS • PRODUCT LIABILITY: TAKATA AIRBAG RECALL • PRODUCT LIABILITY: DEFECTIVE CO2 WINE OPENERS • PERSONAL INJURY I PRODUCT LIABILITY I BURN CASES I CASE STUDY: DEFECTIVE HAIR COLORING PRODUCT FROM WALMART STORES RESULTING IN HAIR LOSS, CHEMICAL BURNS AND IRRITATION TO THE SCALP • PERSONAL INJURY I PRODUCT LIABILITY I SCHOOL LIABILITY I SCHOOL NEGLIGENCE I HELMET INJURIES I TRAUMATIC BRAIN INJURY I HEAD INJURY I CASE STUDY: San Diego Public School Student Sustained Football Injuries And Head Trauma From A Defective Helmet – Private • PERSONAL INJURY I PRODUCT LIABILITY: PRODUCT LIABILITY – STRICT LIABILITY (MANUFACTURING DEFECT, DESIGN DEFECT, FAILURE TO WARN) AND NEGLIGENCE • PERSONAL INJURY I PRODUCT LIABILITY: CALIFORNIA PRODUCT LIABILITY LAW: INADEQUATE WARNING VERSUS FAILURE TO WARN Articles discussing what types of damages are available following an negligence and similar personal injury cases, links are included below: • PERSONAL INJURY / DAMAGES – Compensatory Damages For Personal Injuries • PERSONAL INJURY – Personal Injury Damages – Compensatory Damages • What are Compensatory Damages? • Compensatory Damages in a Personal Injury Action • A discussion on the differences between punitive damages and compensatory damages Personal Injury Questions If you were involved in auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability, product liability lawsuits or have any questions about your personal injury case call us today at 619-432-5145 for a free consultation with one of our experienced Personal Injury Lawyers and San Diego Accident Attorneys. [contact-form-7 id="1201" title="Wrongful Termination"] Tags: San Diego MVA attorneys, San Diego accident attorneys, California Personal Injury Lawyers, San Diego Car Accident Attorneys, San Diego Accident Lawyer, San Diego Liability Insurance Attorney, Compensatory damages, Special damages, general damages, pain and suffering, compensation for pain and suffering, how to calculate pain and suffering, What Cases Award Compensatory Damages, economic damages, noneconomic damages, compensation for injuries, negligence, compensation for pain and suffering, economic damages, general damages, how to calculate pain and suffering, intentional torts, negligence, negligent entrustment, negligent torts, noneconomic damages, pain and suffering, pain and suffering lawyer, FAQs Car Accident, Frequently Asked Car Accident Questions, Advice following a Car Accident, Advice after a Car Accident, What Do I Do if I was Injured in a Car Accident, Can I Recover Lost Wages if I was involved in a Car Accident, Loss of Income after a car accident, At-Fault Driver is Lying About the Cause of the Accident, Misrepresentation regarding car accident, Disability Abuse, Disability fraud, Advantage of disabled, Advantage of Disability, pedestrian car accident; What is Negligence, What is a Motor Vehicle Accident, What is a Negligence case, What is a Motor Vehicle Accident case, cause of action for negligence,](http://dianalegal.com/wp-content/uploads/2021/03/NEGLIGENCE-PERSONAL-INJURY-I-CAR-ACCIDENTS-I-FAQ-CAR-ACCIDENTS-I-FREQUENTLY-ASKED-CAR-ACCIDENT-QUESTIONS-What-is-Negligence-What-does-a-Claim-for-Negligence-mean.png)
NEGLIGENCE PERSONAL INJURY I CAR ACCIDENTS I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – What is Negligence? What does a Claim for Negligence mean?
March 25, 2021
Negligence is one of the most common causes of actions alleged in a civil claim. Specially in personal injury lawsuits negligence tends to be the most common basis for recovery. When a plaintiff files a negligence claim, the injured party is basically alleging a cause of action for negligence in their underlying complaint. Negligence arises in a wide array of civil claims and is the most common basis for recovery in auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability and product liability lawsuits.
When filing a cause of action for negligence the injured consumer is alleging that the defendant failed to exercise due care or acted with disregard for the safety of others. The most common of these personal injury cases is negligence arising in the context of car wreck cases. In car accident cases the injured party is alleging that the at fault party had a duty or obligation to drive with due care and they breached that duty when s/he collided into the plaintiff and caused injury.
Negligence is unique in that an intentional motive is not required to find a defendant liable for damages. Rather a cause of action for negligence is based on non-intentional actions by the defendant.
In California there are four elements that must be satisfied for an injured party to prevail in bringing a claim for negligence. In other words, if a plaintiff (the “injured party”) can establish that the defendant (the “at-fault party”): (1) owed a duty to act in a certain way or refrain from dangerous actions; (2) the defendant breached that duty owed; (3) the breach caused the plaintiff’s injuries; and (4) the damages sustained to the plaintiff are certain and quantifiable; the plaintiff can prevail in securing compensation for his/her personal injuries. In short, the elements for a cause of action for negligence are often summarized as: (1) duty, (2) breach, (3) causation and (4) damages.
Negligence encompasses those occasions when an individual or legal person such as a business entity acts in a careless way and causes an injury to another person. In these instances, the careless person will be legally liable for any resulting harm and will compensate the injured party for his/her damages. Negligence is often the basis for assessing and determining fault in disputes and claims that arise from auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability, product liability lawsuits and other personal injuries.
When filing a cause of action for personal injuries under a negligence claim, the plaintiff is entitled to recover compensatory damages. Compensatory damages are those damages that if recovered would make a plaintiff whole. Compensatory personal injury damages include special damages or economic damages, as well as general damages or non-economic damages. Negligent compensatory damages are better explained in the chart below:
| Compensatory Damages | ||
| Special Compensatory Damages/ Economic Damages | Special damages are unique to the individual plaintiff and vary significantly from one plaintiff to the next. An award for special damages compensates a plaintiff for costs and expenses incurred as a result of the incident or accident that caused their injuries. | Common types of special damages:
· loss of earnings · property damage · loss of future earnings · past medical expenses · cost for future medical care · cost of household expenses · reimbursement for cancelled trips or altered plans |
| General Compensatory Damages/Noneconomic Damages | General damages compensate a plaintiff for non-monetary damages incurred in a personal injury claim. | Common types of general damages:
· physical pain · loss of enjoyment of life · anxiety/humiliation · emotional distress · mental anguish, · pain and suffering, · loss of enjoyment · loss of consortium or companionship |
For more blogs discussing Negligent Cases including: auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability, product liability lawsuits and other personal injuries cases, see the links below:
Articles discussing what types of damages are available following an negligence and similar personal injury cases, links are included below:
Personal Injury Questions
If you were involved in auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability, product liability lawsuits or have any questions about your personal injury case call us today at 619-432-5145 for a free consultation with one of our experienced Personal Injury Lawyers and San Diego Accident Attorneys.