Negligence Attorney in Omaha, Nebraska

Negligence is a legal concept that refers to a failure to act with the level of care that a reasonable person would exercise in a similar situation. In other words, negligence occurs when someone fails to take proper precautions to prevent harm to others and that failure results in an injury or damage. This can cover a wide range of cases, from professional medical malpractice to a typical car accident.  

There are four elements that must be present in order to establish negligence: duty, breach of duty, causation, and damages. Duty refers to the legal obligation to act with a certain level of care. For example, a driver has a duty to operate their vehicle safely and to follow traffic laws in order to prevent accidents. Breach of duty occurs when the person fails to fulfill their duty of care. For example, a driver who runs a red light and causes an accident has breached their duty of care. 

Causation refers to the connection between the breach of duty and the resulting injury or damage. In other words, it must be shown that the breach of duty was the direct cause of the injury or damage. Finally, damages refer to the losses suffered by the victim as a result of the injury. These can include medical expenses, lost income, pain and suffering, and other types of losses. 

In a negligence case, the victim must prove each of these elements in order to recover compensation from the responsible party. This can be a complex process, and it is important to consult with a qualified attorney who has experience in handling negligence cases. 

Negligence is a common cause of accidents and injuries, and it can occur in a variety of situations. For example, a doctor may be negligent if they fail to provide a reasonable standard of care to their patient, resulting in injury or harm. A property owner may be negligent if they fail to maintain their premises in a safe condition and a visitor is injured as a result. And a manufacturer may be negligent if they produce a defective product that causes injury to the user. 

Negligence can also be a factor in wrongful death cases, where the deceased person's family may be able to seek compensation for the loss of their loved one. In these cases, it must be shown that the responsible party's negligence was the cause of the deceased person's death. 

Overall, negligence is a serious issue that can have significant consequences for the victim and their family. If you have been injured as a result of someone else's negligence, it is important to seek legal advice from a qualified attorney who can help you understand your rights and options, call Joseph D Hall & Associates today! 

What is Negligence Per Se? 

Negligence per se is a legal doctrine that allows a plaintiff to establish the elements of a negligence claim by showing that the defendant violated a law or regulation that is intended to prevent the type of harm that the plaintiff suffered. This means that, in a negligence per se case, the plaintiff does not need to prove that the defendant had a specific duty to the plaintiff or that the defendant breached the standard of care. Instead, the plaintiff only needs to show that the defendant violated a law or regulation that is intended to prevent the type of harm that the plaintiff suffered. 

To establish a claim for negligence per se, the plaintiff must show four elements: that the defendant violated a law or regulation, that the law or regulation was intended to prevent the type of harm that the plaintiff suffered, that the plaintiff was a member of the class of persons that the law or regulation was intended to protect, and that the plaintiff suffered harm as a result of the defendant's violation of the law or regulation. 

The first element of a negligence per se claim is that the defendant must have violated a law or regulation. This means that the plaintiff must show that the defendant engaged in conduct that was prohibited by a law or regulation. The law or regulation that the defendant violated can be a federal, state, or local law or regulation, and it can be a criminal, civil, or administrative law or regulation. 

The second element of a negligence per se claim is that the law or regulation that the defendant violated must be intended to prevent the type of harm that the plaintiff suffered. This means that the plaintiff must show that the purpose of the law or regulation is to protect against the type of harm that the plaintiff suffered. For example, if the plaintiff was injured in a car accident, the plaintiff could establish this element by showing that the defendant violated a traffic law that is intended to prevent car accidents. 

The third element of a negligence per se claim is that the plaintiff must be a member of the class of persons that the law or regulation was intended to protect. This means that the plaintiff must show that they are among the group of people that the law or regulation was intended to benefit or protect. For example, if the plaintiff was injured by a defective product, the plaintiff could establish this element by showing that they were a consumer of the product and that the product safety law that the defendant violated was intended to protect consumers. 

The fourth element of a negligence per se claim is that the plaintiff must have suffered harm as a result of the defendant's violation of the law or regulation. This means that the plaintiff must show that they were injured or suffered some other type of damage as a result of the defendant's conduct. The harm that the plaintiff suffered must be the type of harm that the law or regulation was intended to prevent. For example, if the plaintiff was injured in a car accident, the plaintiff could establish this element by showing that they were injured in the car accident that was caused by the defendant's violation of a traffic law. 

These four elements are necessary to establish a negligence per se claim because they show that the defendant's violation of the law or regulation caused the plaintiff's harm and that the law or regulation was intended to protect against that type of harm. If you think you might have suffered from negligence per se, give Joseph D Hall & Associates a call today! 

How to Maximize a Personal Injury Claim

If you have been injured in an accident and are seeking to maximize your personal injury settlement, there are several steps you can take to improve your chances of success. 

First, it is important to document the accident and your injuries as thoroughly as possible. This means taking photos of the scene of the accident, obtaining the contact information of any witnesses, and keeping track of any medical treatment you receive. It is also important to keep a record of any expenses you incur as a result of the accident, such as medical bills and lost wages. 

Next, you should seek legal advice from an experienced personal injury attorney. An attorney can help you understand your rights and determine the value of your case. They can also negotiate with the other party's insurance company on your behalf to try to reach a fair settlement. 

Once you have collected all of the necessary documentation and have a clear understanding of the value of your case, you should make a demand for compensation from the other party's insurance company. This demand should be in writing and should include a detailed explanation of the accident, your injuries, and the financial losses you have incurred as a result of the accident. 

When negotiating with the insurance company, it is important to be firm but fair. You should not be afraid to negotiate aggressively to try to reach a fair settlement, but you should also be willing to compromise to avoid going to court. 

If the insurance company is not willing to offer a fair settlement, you may need to consider taking your case to court. A personal injury trial can be a lengthy and expensive process, so it is important to carefully weigh the potential costs and benefits before deciding to pursue this option. 

In addition to negotiating with the insurance company and potentially going to court, there are several other steps you can take to maximize your personal injury settlement. For example, you should be sure to follow all of your doctor's orders and attend all of your scheduled medical appointments. This will help to ensure that your injuries are properly documented and treated, which can improve the value of your case. 

It is also important to avoid making any statements or posting any information online that could potentially damage your case. This includes avoiding discussing the accident or your injuries on social media or other public forums. 

By following these steps and working closely with an experienced personal injury attorney, you can maximize your chances of reaching a fair and satisfactory settlement in your personal injury case. Give Joseph D Hall & Associates a call today.