Justice You Deserve
es speakEspañol
  • Talk to a lawyer for FREE Local (402) 345-4155
  • Llámanos Ahora toll-free 1 (800) 890-2801
es speakEspañol
menu
  • Home
  • Our Firm
    • Firm Overview
    • Team
      • Thomas T. Inkelaar
      • Shannon Inkelaar Acton
      • Tom Wood
      • Maribel Inkelaar
      • Leticia Ramirez
      • Erika Gallese
      • Ramon Gutierrez
      • Jim Muller
  • Services
    • Car Accident
    • Motorcycle Accident
    • Criminal Defense
    • Dog Bite
    • Truck Accident
    • Workers’ Compensation
  • Reviews
  • Testimonials
  • Locations
    • Tampa
    • Omaha
    • Lincoln
    • Grand Island
    • Douglas County
    • Lancaster County
    • Nebraska
  • Resources
    • Books
    • Blog
    • Press Releases
    • Video Library
  • Contact
oba
nebraska
avo
trust-logo

What Exactly Is “Negligence” Anyway?

Auto Accidents , Personal Injury

When you are injured in some sort of accident which was caused by another person or entity, any sort of personal injury lawsuit brought against that person usually hinges on the legal concept of “negligence.”

You probably understand the word to mean some sort of failure to fulfill one’s duties. For example, if you constantly forget to feed the dog when you are supposed to, your spouse may call you negligent. In the context of personal injury law this is somewhat true as well, but legal negligence is much more complex than that.

In a personal injury lawsuit, whether it resulted from a car accident or a slip and fall or even medical malpractice, the key element of the trial will be to determine whether the defendant can legally be considered “at-fault” for the plaintiff’s injuries, and if so, to what degree they can be held responsible. Were they 100% at-fault? 50%?

This fact will determine whether or not the defendant will be required by the court to pay damages to the plaintiff, as well as how much they will be required to pay.

To be considered at-fault for an accident, one must be found to have been negligent. The concept of negligence is comprised of four key elements:

  1. A duty of care existed between the plaintiff and the defendant. As a motorist, the defendant owed a duty of care to the plaintiff to drive in a safe and lawful manner. As a doctor, the defendant owed a duty of care to the plaintiff to provide a level of skill and care which could reasonably be expected of any competent physician.  
  2. The duty of care was breached in some manner, such as a motorist illegally texting while driving or a doctor failing to administer appropriate treatment for a certain illness.
  3. For negligence to be established, the plaintiff must demonstrate that it was in fact the breach of duty by the defendant which explicitly led to the accident and subsequent injuries.
  4. Finally, the plaintiff must have suffered compensable injuries of some sort. The plaintiff’s negligence must have led to actual damages.

Generally speaking, if all four of these elements can be proven, the defendant will be considered to have been negligent. It is important to note, however, that the existence of negligence does not inherently mean 100% responsibility for the accident. Nebraska recognizes contributory negligence, meaning the negligence of the plaintiff also contributed to the accident in some way. For example, if you were in a car accident caused by a driver who was texting while driving, but you were speeding at the time, the court may find that your own negligence contributed to the accident and your injuries.

In Nebraska, if you are found to be 50% or more at-fault for the accident, you are prohibited from collecting any damages from the opposing party. Additionally, any percentage of fault less than 50% will result in a proportional decrease in the amount of damages you can collect.

Proving negligence can be incredibly complex, but it is essential to ensuring you are appropriately compensated when you have been the victim of an accident. If you have been injured as a result of someone else’s negligence, please contact Inkelaar Law today and let us fight to get you the restitution you deserve.

Search
Talk to an Expert

    Categories
    • Airplane Accidents
    • Auto Accidents
    • Criminal Defense
    • Dangerous Drugs
    • Dog Bites
    • Medical Malpractice
    • Motorcycle Accidents
    • News
    • Nursing Home Abuse
    • Personal Injury
    • Tampa DUI
    • Tampa Personal Injury
    • Truck Accidents
    • Uncategorized
    • Workers' Compensation
    • Wrongful Death
    Recent Posts
    • Inkelaar Law – Tampa Boa…
      In Florida, one of the most popular activities is […]
    • Inkelaar Law – Tampa Wro…
      In the state of Florida, wrongful death occurs when […]
    • Inkelaar Law – Tampa Swi…
      In 2020 alone, there was nearly an eight percent […]
    • Inkelaar Law – Tampa Spi…
      Each year, there are approximately 17,810 new spinal […]
    • Inkelaar Law – Tampa Sli…
      Each year, slip and fall accidents account for over 1 […]
    N/A

    Inkelaar Law

    Thomas Inkelaar
    Contact Us
    • Contact Our Tampa Office
    • Contact Our Nebraska Office
    TAMPA OFFICE
    • South Tampa
      2503 W Swann Ave
      Ste 111
      Tampa

      FL
        33609
    • Get Directions
    • Local : (813) 722-0622
    OMAHA OFFICE
    • Historic South Omaha City Hall
      5002 S 24th St
      Ste 101
      Omaha

      NE
        68107
    • Get Directions
    • Local : (402) 345-4155
    • Fax : (402) 991-3139
    • Toll-Free : 1 (800) 890-2801

    The information posted on this website, or in links provided by this website, are not to be misconstrued as legal advice or a recommendation regarding any of the legal issues or problems described herein. Click here for full terms and conditions.

    Copyright © Justice You Deserve 2022.  All Rights Reserved.

    • Terms and Conditions
    • Privacy Policy
    • Disclaimer
    FREE CASE CONSULTATION

      • Home
      • Our Firm
        ▼
        • Firm Overview
        • Team
          ▼
          • Thomas T. Inkelaar
          • Shannon Inkelaar Acton
          • Tom Wood
          • Maribel Inkelaar
          • Leticia Ramirez
          • Erika Gallese
          • Ramon Gutierrez
          • Jim Muller
      • Services
        ▼
        • Car Accident
        • Motorcycle Accident
        • Criminal Defense
        • Dog Bite
        • Truck Accident
        • Workers’ Compensation
      • Reviews
      • Testimonials
      • Locations
        ▼
        • Tampa
        • Omaha
        • Lincoln
        • Grand Island
        • Douglas County
        • Lancaster County
        • Nebraska
      • Resources
        ▼
        • Books
        • Blog
        • Press Releases
        • Video Library
      • Contact