What is negligence?

Categories: FAQs

Negligence is the “legalese” word for carelessness. It refers to the defendant’s failure to exercise the same degree of care that a “reasonable person” would be expected to exercise under the circumstances of the accident.

Since negligence can take so many forms, there is no specific formula to determine whether a particular action or failure to act was negligent – it all depends on the extent to which your lawyer can convince the court that a “reasonable person” would have exercised more outstanding care than the defendant did.

Proving negligence alone will not win a lawsuit – you must also prove that the defendant’s negligence was the actual cause of the accident. Even a drunken driver, for example, can win a lawsuit if they can prove that the accident would have occurred even if the driver had been “sober as a judge.”

Were you or a loved one injured in an accident?

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Brian D. Guralnick

About the Author: Brian D. Guralnick

Brian D. Guralnick has been successfully representing injured accident victims in Florida since 1993. He has been voted “Best of the Best” personal injury lawyer by the Palm Beach Post for multiple years. If you have been injured in any type of accident, please call Brian and his team 24/7 at 561-202-6673.