Most successful personal injury claims are built around a legal concept called “negligence.” In fact, the only cases that are not founded on negligence are those that can be filed on the grounds of strict liability, like those involving dog bites or defective products. Otherwise, though, plaintiffs must be able to prove negligence played a role in the circumstances that ultimately led to their injuries to recover compensation for the damages. Below, the knowledgeable team at Cada Cada Hoffman & Jewson in Lincoln, NE, shares everything you should know about this legal concept when building a successful personal injury claim.

A Duty of Care

Because we live in a civilized society, we owe a duty of care to those around us in most scenarios. It might be implied, like the duty all motorists have to other drivers, cyclists, and pedestrians, or it might be established, like the duty a doctor owes each patient. In legal terms, negligence is simply a breach of this duty of care. To file a personal injury suit that results in a payout, claimants must be able to demonstrate how the defendant deviated from the generally accepted standard of care that any reasonable person would have followed given the circumstances.   

A Breach of This Duty

There are countless ways to breach the duty of care owed to others in any particular scenario. When it comes to car accidents, for example, getting behind the wheel while under the influence of drugs or alcohol would be considered a breach. Motorists owe it to those in traffic around them to exercise caution and follow the rules of the road. Texting while driving would also be considered a breach of this duty, as would failing to maintain your vehicle to a reasonable standard.   

If you sustained serious injuries in an accident that was the direct result of someone else’s negligence, turn to Cada Cada Hoffman & Jewson. Based in Lincoln, NE, this firm helps clients resolve all kinds of injury claims, including those that involve motor-vehicle collisions, construction accidents, defective products, and medical malpractice. You can schedule an initial consultation with a personal injury attorney on their team by visiting their website or by calling (402) 477-2233.