Personal injury claims are usually based on the theory of negligence. If you have been
injured by the negligence of another person or a company, then you should
Atlanta injury attorneys at Goldstein & Hayes, PC as soon as possible. Negligence is a person
or company’s failure to use reasonable care, resulting in damage
or injury to another. Basically, it is when someone else hurts you by
not doing what he or she is supposed to do. When this happens you may
be able to file a personal injury claim in court. Negligence claims are
an old part of our legal system with an interesting history.
First, What is a Tort?
Torts are wrongful acts (other than a breach of contract) that lead to
a civil cause of action. That is, they are misdeeds that give someone
the right to sue someone else as opposed to misdeeds that give the government
the right to prosecute you in criminal court. Sometimes there is overlap,
like in drunk driving accident cases. The state may try to put the drunk
driver in jail or prison for battery and DUI, while the victim may sue
the drunk driver in civil court to receive financial compensation. The
lawsuit filed by the victim is a tort.
Intentional Torts v. Negligence
There are two types of torts: intentional torts and negligence. Intentional
torts are just that - bad acts that are done intentionally to hurt someone.
Negligence, on the other hand, is caused by a person being careless, rather
than his or her having an intention to do the wrong thing. The driver
who is distracted while talking on his cell phone does not intend to to
hit the car in front of him. He hits the car in front of him because he
is being careless.
Negligence as Common Law
Most of the United States is a common law jurisdiction in at least some
respects. This means that rather than all of the law being statutory,
some of it is based on judicial custom and precedent that date back hundreds
of years. This differs from statutory law systems like those found in
continental Europe, Louisiana, and in most states’ criminal codes.
Negligence is part of the common law tradition. It first showed up as
a tort in its own right in a case from 1850 called
Brown v. Kendall. In that case the defendant accidentally hit the plaintiff with a stick
when he was using the stick to try to break up a fight between he and
the plaintiff’s dogs. The court held that when a defendant injures
another unintentionally while doing something lawful, the plaintiff must
prove that the defendant was acting without due care in order to recover
for his injuries.
Contact Goldstein & Hayes, P.C.
If you or a loved one has suffered injuries due to the negligence of another,
the experienced attorneys at Goldstein & Hayes, P.C. are here to help
you with your case.Contact us today for a free consultation.