Negligence is Serious: Be prepared to protect your family

More than a few people over the years have failed to protect their own rights or the rights of a loved one because they harbored a misguided belief about negligence and legal liability. The number of defense attorneys that have declared victory over the words “accidents happen” is hard to estimate.

The truth is negligence isn’t something you can see or touch. It has to be discovered through prudent and deliberate legal evaluation. If a person or business or even the government had or continues to have a legal duty to protect the general public or certain individuals and they fail to exercise that duty, whether deliberately or by accident, they may be legally negligent. If they are, then they have a legal obligation to repair the damage they have done.

It isn’t up to a plaintiff or counsel to determine negligence. It isn’t up to the victim of injury either. It is up to a trier of fact, and until that body or individual has all the information they need, nobody can know with certainty if someone was or wasn’t negligent.

Ultimately, it is up to you to protect yourself and your loved ones, and that requires you vigorously assert your rights without exception. True, accidents happen, but nobody is obliged to tolerate negligence.

What is Negligence?

When a person or business has a duty to exercise the same care an ordinary reasonable person would exercise in a given set of circumstances, and fails to do so, they are said to be negligent.

In the ordinary course of business, people do not have the right to be negligent, especially if it leads to the injury of another person or damage to another person’s property. Evidence of negligence can even lead to sanctions by government.

For example, leaving ice on a set of steps or failing to install lighting to prevent someone from hurting themselves in the dark could be considered negligent. Such examples can also lead to citations and fines from city officials or police, depending on local laws and the circumstances.

What If I’m Injured?

The key to protecting yourself is gathering your own evidence. Photographic evidence is best. Since you are likely carrying a portable television station around in your pocket like everyone else, you have everything you need.

But don’t stop there. If there are surveillance cameras, emergency personnel, police officers or witnesses be sure you get their statements and information, as you may need them to testify to support your claim. If the premises has an office, security guard or supervisor, get their information and try to find out if there is an insurance policy covering the location.

What Should I Do First?

Call a personal injury lawyer if you or a loved one has suffered an injury due to someone’s negligence. You simply must have competent legal counsel, even before you contact your own insurance company. You want to be absolutely sure you follow the correct procedures in the correct order. You can’t afford to make unnecessary mistakes.

Personal injury is painful enough without making things more difficult for yourself. Be sure to protect your own interests and fully assert your rights.

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