The term negligence literally refers to “someone who owes a legal duty to a plaintiff, who breached that duty by failing to act in the right way or that their actions caused pain/negatively impacted a plaintiff”.
This definition is why negligence can be difficult to prove- ultimately someone has to prove who has a duty of care, whether or not they were deliberately careless or the mistakes they made were preventable and whether or not those actions have seriously impacted on the life of the victim. In this article we are going to look at this and how it is possible to prove negligence.
A good example of duty is a doctor- they are expected to look after the patients in their care. In this scenario we need to look at the actions of the doctor- as an extreme example if you could prove that a doctor was drunk while working and someone was killed as a result of them not doing their job then this would be a clear example of them being negligent.
Another aspect to look at is whether or not there is a link between a person’s actions and what happened. To use the scenario with the doctor just because they were drinking the night before does not necessarily mean they are liable because a mistake happens hours later the next day.
The last aspect that needs to be considered in the case is if someone is proved to be negligent is how much compensation a person is due- for example how long a person is out of work due to an injury caused by someone else’s negligent actions would affect the compensation they would due (as well as legal costs and so forth).
The difficult thing with proving negligence is you need to consider the actions of the people involved- it is not often as simple as “this person wasn’t concentrating, therefore it’s their fault”. There are a lot of factors involved and it is important for a judge to consider how much of an incident are as a result of someone’s misjudgement or actions and how much are extenuating circumstances.
This is why it is important to discuss your circumstances with an experienced legal professional. Our philosophy has always been “big enough to specialise, small enough to care.”
What this means is that we have representatives with the legal experience to look at the circumstances of your case. Equally we know this can be a stressful time- contrary to what some people believe legal professionals are people too and we want to support people and guide you through the process as much as helping you to achieve the result you want, as well as giving you a realistic idea of the chances of a positive verdict.
If you believe that you are a victim of negligence it is worth getting in touch today so we can discuss your case in more detail to see what we can do for you.