Understanding Negligence

Negligence is legally identified as having four parts: duty, breach of duty, causation, and damages. Duty stipulates the obligation owed to others in society. Physicians, attorneys, and other professionals of the same caliber are stated to have an implied duty to use a high standard of care due to their training, experience, and dealings with the general public, when administering services. Individuals in society are stated to have a general duty to others, which is to act as a reasonable person would in certain circumstances, such as driving defensively. This duty may become breached if one knowingly puts another at risk or acts in a way that puts someone at a risk that a reasonable person in the same situation would have anticipated. In the event that a person becomes injured, personal injury law requires that it be proven that negligence or intentional action was the cause of the injury. If this is proven the injured party may be entitled to be compensated for medical bills, pain and suffering, emotional distress, lost wages, and other related damages.