A person or company is negligent if their conduct does not comply with
what a reasonable person or company would have done under similar circumstances.
If you can prove that a person or company was negligent and that the negligence
caused an injury, then you may be able to collect compensation for that
injury. Negligence can also refer to the failure to act, in which case
the person or entity may be held responsible for the injury or harm that
was caused by the omission.
How to Prove Negligence
To prove negligence you must prove:
- There was a duty of care owed to the plaintiff by the defendant.
- There was a breach of that duty.
- The breach of that duty caused harm or injury. The harm or injury must
have been directly caused by the wrongdoer's negligence.
Whether or not there is a duty will depend on the specific nature of the
situation that resulted in injury. For example, a driver of a car has
a duty to follow the rules of the road and drive safely. If that driver
failed to pay full attention and as a result caused a car accident, and
the car accident caused an injury, you would likely have a successful
claim for negligence.
A negligence lawsuit may arise as a result of many different types of incidents.
For example, car accidents, truck accident, slip and falls, and medical
malpractice are all examples of incidents which could result in a negligence
case if the elements set forth above are met.
Chaikin Sherman Cammarta & Siegel, P.C.: Maryland Personal Injury Lawyers
Seeking maximum compensation for your injury is our goal at Chaikin Sherman
Cammarata & Siegel, P.C. With over 45 years of successful representation
and more than $250 million recovered in verdicts and settlements, we are
prepared to help you pursue your legal matter throughout the state of Maryland.
Schedule a free consultation at our office or fill out our free case evaluation
form online to get started today.