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Negligence

A Negligence lawyer specialize in a very complicated area of law. Negligence cases, or claims, require an experienced negligence lawyer. If you have suffered from the negligence of others, Jeff Rasansky will fight your negligence personal injury case for you.

The lawyers at The Law Offices of Jeffery H. Rasansky have experience fighting negligence cases. Contact one of our experienced personal injury lawyers and we will evaluate your case at no cost to you.
Definition of Negligence

The "lack of ordinary care" is the the commonly understood definition of negligence. The "lack of ordinary care" is the lack of the kind of care a reasonably prudent and careful person would exercise under the circumstances. Negligence is when one's conduct in a given circumstance doesn't measure up to this standard, and they cause damage to an individual.
Negligence Facts

People are expected to act reasonably and prudently under given sets of circumstances, and in fact are required to by law. You are not responsible for anticipating the negligence of someone else.

Neglignece must be proved by a preponderance of evidence, it's not presumed negligence occured just because an accident occurred. Once negligence is proved, then you are entitled to a recovery.

A person or party can be partially negligent. A party can be held liable even in partial negligence.

Also, two or more parties can both be negligent. If two or more parties share in negligence that causes injury, a jury must determine the relative degrees of each party's fault. The damages each party pays are based on this. If one of the party's has settled, it has no bearing on the other party's negligence case.

Negligence law can be extremely complicated. If you have suffered from negligence, you should contact a lawyer experienced in negligence cases.
Negligence And The Law

Negligence also occurs when a person violates a statute or regulation that has been enacted for people's safety. This statute or regulation violation is negligence as a matter of law.
Negligence And Conduct

If the intentional, reckless, willful or wanton conduct of a person or party causes an injury, that person or party is considered negligent.

When a person undertakes a conscious action, objective or purpose with a knowing desire, that action is considered intentional.

A knowing disregard of a substantial and unjustifiable risk is considered reckless conduct. Basically, reckless conduct amounts to "I don't care" attitude. Recklessness occurs when a person performs an act that a reasonably prudent and carefull person would know could and probably would cause harm.

Willful conduct indicates a conscious decision or intent to disregard the rights of others. Willfulness is a conscious choice to ignore the consequences when it is reasonably apparent that someone will probably be harmed.

Wanton conduct occurs when a person, though not intending to cause harm, does something so unreasonable and so dangerous that the person either knows or should know that harm will probably result. It reflects an "I don't care" attitude.

Malice is the intent to commit a wrongful act without justification for doing so. Punitive damages are no longer awardable for gross negligence, reckless conduct, or willful or wanton conduct, but only for conduct involving "malice."

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