Negligence is one of the most common factors behind personal injury lawsuits filed in the United States every year. Yet despite how common these cases are, not a lot of people understand what a negligence claim is, or how exactly negligence works. Criminal or Unintentional? Negligence can be criminal and unintentional. When a restaurant fails to put a ‘wet floor’ sign on an area a customer slipped on, they’re negligent, but not criminally negligent. In contrast, a drunk driver that crashes into your car can be found criminally negligent for driving under the influence. So What Exactly is Negligence? Negligence claims during a personal injury case usually have the following characteristics:
- The negligent party was careless
- This carelessness led to another person’s injury or harm
- The victim of the accident suffered loss or injury
These 3 factors must d be present before any plaintiff can make a claim for negligence. The absence of either one can diminish the strength of the case, making the likelihood of claiming damages lower. If you need assistance with your personal injury case, schedule a FREE consultation with the San Antonio accident attorneys of Barrus Injury Lawyers today.