Law & Legal & Attorney Accidents & personal injury Law

Injury Negligence - When is it Right to Claim Compensation?

In legal terms, injury negligence is an action of carelessness that brings harm upon another person.
It is also referred to as personal injury negligence.
This is mostly applied in two areas and the first is where the injury is caused as a result of the liable party's negligence.
For example, at a construction site, a piece of glass may fly down and cause injury on a pedestrian passing nearby.
The contractor or the construction foreman would be sued for personal injury negligence.
In the second instance, it could be a case of a person failing to take an action that would avert a hazard.
For example, a cleaner might refuse to elect a slippery floor sign when cleaning the floor.
The cleaning company would be sued for personal injury negligence.
Personal injury negligence may cause the liable party to face a personal injury lawsuit in court and it usually results to payment of money which is determined by the jury.
While it is aright to go file a lawsuit against a liable party, there are some injuries that might not result into payments.
This usually happens when the claimant is not able to demonstrate to the satisfaction of the court and the jury that the defendant failed to take preventive action that would have averted the accident.
There are many factors that the jury will consider before the claimant can be awarded money.
The most important factor is the cause.
A person who is suing another must demonstrate that without any doubt, his injuries were caused by the direct actions of carelessness of the defendant.
If for example a plaintiff claims that he or she has sustained backache as a result of the landlord's refusal to clear the footpath of ice, medical experts will have to prove that indeed the ache was caused as a result of the fall, and not any other preceding factor.
Only then can he sue for personal injury negligence.

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