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:

  1. There was a duty of care owed to the plaintiff by the defendant.
  2. There was a breach of that duty.
  3. 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 $500 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 contact us online to get started today.

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Practice Areas

Athlete Injuries

Bicycle Accidents

Brain Injuries

Bus Accidents

Car Accidents

Medical Malpractice

Motorcycle Accidents


Pedestrian Accidents

Premises Liability

Student Injuries

Truck Accidents

Whistleblower Claims

Wrongful Death

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