What Constitutes Negligence?
One question you may have when you visit a San Antonio personal injury lawyer is what constitutes negligence
. It is imperative that you understand negligence must be proven in order to consider a personal injury case. Negligence is defined in the dictionary as "failure to use reasonable care, resulting in damage or injury to another," but what does this mean in terms of personal injury?
Personal Injury from Car Accidents
To prove negligence in a car accident, victims would have to show the at-fault driver acted in an irresponsible manner. Sometimes car accidents are just that, and no amount of care on the part of another driver could have prevented the accident. A driver who gets behind the wheel under the influence of illegal drugs or alcohol, however, is acting in a manner that is considered negligent, opening up the potential for a lawsuit.
Personal Injury in Medical Malpractice Cases
Medical malpractice cases are far more complex than many fields of personal injury. If you have an elderly family member who is suffering at the hands of a nurse or physician in a nursing home, it may be necessary to prove they are being either physically or emotionally abused or that they are being neglected. While these conditions may be harder to prove, they still are considered negligent in personal injury cases.
Personal Injury and Dog Bites
Dog bites are perhaps one of the most complicated forms of personal injury in San Antonio. For example, under Texas statutes, there is what is known as a “one-bite” rule. This means the owner of the dog must be aware that the dog has been threatening to others or has previously bitten another person or animal prior to the victim being bitten. This is established by reports with animal control officers or other proof that a bite previously occurred.
Clearly,negligence is slightly different in many types of personal injury cases. Primarily, when an accident is caused by someone’s indifference to the safety of others, they may be acting in a manner that is considered negligent under the law. Your personal injury lawyer will typically review all of the circumstances involved in your particular case before determining whether or not they will be able to prove negligence before they advise you on whether you can proceed or should proceed with a personal injury lawsuit.