Negligence, in general, means to neglect, be careless, or disregard someone or something. When it comes to a lawsuit, negligence is the legal concept that explains the failure to provide an established standard of care. Negligence nearly always plays a role in personal injury claims and lawsuits to establish fault. If someone has been harmed or suffered because another person or entity, whether intentionally or accidentally, that is considered negligence.
Examples of Negligence
Medical malpractice, wrongful death, premises liability, car accidents – these categories involve negligence of some sort. For example:
- A doctor fails to properly diagnose a disease.
- A truck driver causes a fatal car accident.
- An obstetrician causes a birth injury.
- A coworker commits sexual harassment.
- A motorist hits a pedestrian.
- A homeowner does not tend to hazardous areas of their property.
- A police officer uses excessive force.
- A manufacturer fails to produce a safe product.
If you have suffered an injury or harm or if you have lost a loved one because of someone else’s mistake, irresponsibility, recklessness, apathy, poor decision, or disrespect, that is grounds for negligence.
Know that an injury does not have to be physical to be legitimate. Mental and emotional scars are just as damaging as any bodily harm.
A Potential Example of Negligence
Consider this scenario: A husband brings his wife to the emergency room. She is quickly diagnosed and rushed to emergency surgery. During the procedure, the surgeon decides to use a risky and untested method with which he has no experience. The issue is resolved, until a day later when the woman begins to bleed and goes into cardiac arrest. After time on a ventilator and lack of brain activity, she dies.
This could be handled as a case of “There was nothing we could do.” This happens often in medical circumstances. No matter what a surgeon or doctor tries to do to heal a patient, there may be no way to keep them alive. In this instance, however, the patient was treated in a risky and unproven way by a surgeon who did not have experience in the procedure. A last-ditch effort to save a life? Perhaps. But this can also qualify as clear-cut negligence.
Does Your Case Qualify as Negligence?
Sometimes it can be difficult to figure out if your situation qualifies as negligence. An experienced Michigan personal injury attorney will aid you in making that determination. In general, however, actions that result in harmful or fatal results are usually categorized as negligence, including:
- A preventable incident.
- If someone has failed to act.
- If an act has been committed that a reasonably careful and law-abiding citizen would never allow to happen.
There is a difference between an accident and flat-out carelessness. Both situations have someone at the end of it who has been harmed – and deserves compensation. Who provides that compensation and who is at fault however, is up for debate in a lawsuit.
Your Michigan personal injury attorney needs to prove that someone had a legal duty, breached the duty by failing to act or acting the wrong way, that their action or inaction caused an injury, and that the actions resulted in harm or damage.
Contact the experienced attorneys at Thurswell Law for a free consultation about your case. We have extensive experience in proving negligence. Our attorneys will give you the best chance to receive full compensation for your suffering. There are no fees unless you collect. Call us at (248) 354-2222 to schedule your free consultation.
