Maribel Roncales, once aspired to become one of the member of the elite force in the military before she pursue her law studies. Her exposure in writing starts during her high school days. For now, she is pursuing her dream to become a lawyer while working as a writer in a Los Angles based law firm.
Negligence is generally defined as the commission of a civil wrong, a tort, which accidentally causes injury to somebody because of failure to perform an expected duty with care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance.
Statistics show that almost half of the personal injury cases result from negligence.
Negligence may result to the following:
• Traffic collision
• Premise liability accidents
• Accidents due to hazardous property conditions
• Slip and fall accidents
• Animal attacks
• Dog bites
• Machine accidents
Consequences of General Negligence
Cases of general negligence may result to damages. The plaintiff is entitled to several types of damages. Some of these damages are:
• Compensation for medical bills and continuing medical expenses
• Reimbursement for victim’s loss of wages
• Lost or diminished earning capacity
• Pain and suffering, future and past
• Recompense for the emotional and mental distress
• Disability and disfigurement
• Cost of property damage
• Restitution for other non-economic looses
In some cases, courts order the payment of punitive damages. This kind of damages is awarded if the action of the defendant is malicious, wanton and reckless. Punitive damages are awarded to prevent others from committing the same act in the future.
Elements of General Negligence
It is important to note that not all negligence cases results to liability. In order to establish your claim, you need to prove the following elements.
• Duty – The laws on negligence and personal injury provide that it is our legal duty to act with reasonable care to prevent others from being harmed and to provide security for them.
• Breach of Duty – This occurs when the defendant failed to act in a manner believe to be reasonable and safe.
• Causation – it is necessary to prove that the action of the defendant is the proximate cause of the injury suffered.
• Damages – This refer to the monetary benefits available to the plaintiff if the elements mentioned above are proved.
In addition, general negligence cases require the plaintiff to establish in his or her claims that:
• The action of the defendant is totally out of control
• The action of the defendant is the proximate cause of the accident
• There is a connection between the defendant’s action and the injury suffered by the plaintiff
Statute of Limitation in Negligence Cases
When planning to file an action it is important to refer to your state statute of limitation. Every state has its own statute of limitation laws. This law will provide you the period granted by law to enforce your right against the defendant.
It is important to take note the law of statute of limitation to protect your right from being barred. This means that your right to file the action has lapsed and you cannot be allowed to file the same action in any court anymore.
Preventing Negligence
According to the authorities, grave injuries and death arise from negligence. Therefore, as provided in the law of torts every person must in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
For better understanding about general negligence, feel free to consult our able Los Angeles accident lawyers. Just log on to our website and our legal team is always ready to hear your concerns.
- Related Articles
- Related Q&A
- Los Angeles Attorneys in General Negligence Actions
- The Essence of Hiring Lawyers to Handle General Negligence Cases
- General Negligence and Its Elements
- Elements of a General Negligence Claim in Los Angeles
- Basic Concepts of General Negligence
- General Negligence in Perspective
- The Process of Medical Negligence Compensation Claims
- Things you Need to Know to Win your Negligence Claim




Search Public Criminal Records
By: Joshua Mintz | 03/12/2009Search Public Criminal Records using the EXACT SAME database that the Police and the FBI use to research criminals. Its easy and you can begin using it immediately.
Give Africans a credible election, food aid will not be necessary!
By: Israel Okunwaye | 03/12/2009Elections places the power in the hands of the people. They are the judge. In their hands is the power to choose their leaders. This practically squeezes out the best options from the leader in governace or he is voted out. Africans in this matter have little option. The world for decades have sent food aid. Good!, how about credible elections? African leaders must decide to let their own people decide who rules.
Leadership in Nigeria: the way forward
By: Israel Okunwaye | 01/12/2009The right leadership in Nigeria is crucial to development. President Umaru Musa Yar'adua has been struggling with his health for many years now, rather than take a break to rest from the strain of leadership, sycophants around him are urging him on, to his death. The 1999 constitution of Nigeria provides a leeway to this crises. The true voices must not keep silent. If we are honest to ourselves and acknowledge that Nigeria needs help, perhaps we are on the way to recovery.
Ticket Bust: Shares with us different tips and tricks regarding traffic tickets
By: Steve Miller | 01/12/2009You are on your way to your friend’s house driving very jolly on the road when suddenly you see flickering lights and signaling police officer telling you to pull over. What will you do? Would you run and chase the police officer thinking that you might escape after him? Would you simply cry out loud begging the police officer to let go of you and give you a warning violation instead? Or will you pull over but keep an argument with him stating that you didn’t commit any violation at all?
Laser Speed Detector: Avoid Getting Speeding Tickets with a Laser Speed Detector
By: Cameron Connery | 30/11/2009Should you look into a laser speed detector to detect potential speed traps while you drive? That depends on if you've ever experienced flashing lights blaring in your rear view mirror. You can best avoid getting speeding tickets by installing a laser speed detector in your car.
Fight for Your Rights with a DUI Lawyer
By: Jason Hendrix | 30/11/2009In every states of America, DUI cases are very common. As known to its citizens, driving under influence of alcohol or intoxicated is considered as serious offense.
DUI Lawyer and Your Future
By: Jason Hendrix | 30/11/2009The DUI laws, also known as DWI, are implemented by the government of United States as a solution to reduce the increasing rate of road accidents.
DUI Lawyer: A Person You Can Depend On
By: Jason Hendrix | 30/11/2009Driving under influence of alcohol is strictly prohibited in all the states of America. Anyone caught driving while intoxicated will have to face some penalties depending on the heaviness of the offense.
Unlawful Acts Under the California Unfair Competition Law
By: Maribel Roncales | 01/08/2008 | National, State, LocalUnfair competition refers to illegal commercial activity ranging from trademark infringement to false advertising.
Divisive Issues of California Labor Law
By: Maribel Roncales | 01/08/2008 | National, State, LocalCalifornia Labor Law comprised of statutes and regulations that govern employers and industries with respect to the labor and working conditions of their employees.
How the Law Deals About Different Types of Termination
By: Maribel Roncales | 01/08/2008 | National, State, LocalTermination of employment is the end of the employee’s duration with the employers. This may be caused by the decision of the employer, of the employee or a mutual decision by both the employer and the employee.
Fair Debt Collection Practices Act in a Nutshell
By: Maribel Roncales | 01/08/2008 | National, State, LocalIn the United States, in order to lessen the hassle and problem related to debt collection, the legislature enacted the Fair Debt Collection Practices Act.
Fraud in Social Security
By: Maribel Roncales | 16/07/2008 | Health & SafetySocial Security Fraud refers to the act of dishonestly claiming of benefits. Due to the increasing number of fraudulent claims, the US government enacted a law that will protect individuals from these illicit conducts.
The Law Covering Employment Disability
By: Maribel Roncales | 16/07/2008 | Health & SafetyAccording to the latest survey conducted by the U.S Census Bureau, there are approximately 49.7 million Americans having disability, which includes people of all ages. That is why the enactment of the Americans with Disabilities Act (ADA) is of great help for the people.
Contributory Factors in Car Crash Injury
By: Maribel Roncales | 16/07/2008 | Personal InjuryIn first world countries like the United States, many streets are always congested with cars and other types of vehicles. As the number of cars increases everyday, the number of car accident also boost annually.