Negligence is one of the most common types of lawsuits. Negligence describes situations where a person acts negligently (carelessly or recklessly) resulting in physical or financial harm to another.
There are four essential elements which must be proven in court: Duty of Care, breach, causation, and harm.
Duty of care refers to whether the Defendant was legally obligated to the plaintiff under the circumstances.
Breach refers to the expected standard the Defendant was supposed to follow and whether the Defendant fell below that standard by their action or inaction.
Causation refers to whether the Defendant’s breach caused the injuries complained of by the Plaintiff.
And finally, Damages refers to the extent and value of the Plaintiff’s injuries, caused by the Defendant’s Breach.
There are many kinds of negligence, but they all deal with the injuries caused by a party by failing to live up to reasonable standards of care.
Professional negligence deals with a professional (medical professionals, accountants, financial advisors, lawyers, counsellors, dentists, etc.) providing services that fell below the standards of expected of their profession. For instance, one of the most well-known types of professional negligence is called malpractice. When a lawyer fails to use the degree of skill expected from members of the profession and results in subpar representation and financial loss for the plaintiff, that is a case of legal malpractice. Similarly, medical malpractice refers to the resulting unintended injuries or complications from a doctor’s error.
Lawyer and Doctor malpractice are just 2 types of professional negligence. Other examples include:
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