A Guide to Negligence in the Legal World
Legal definitions for "negligence" can be complicated, but they don’t need to be. The basic essence of "negligence" is that you’ve been injured in some way or suffered damages due to the actions of someone else who was careless. A company (or business entity) can be considered negligent if it has caused you harm through its careless acts or omissions.
In legal terms, there are four elements that must be proven for a successful negligence claim:
Common ways that businesses can be negligent are in the areas of protecting employees and customers . For example, if workers are not adequately trained on safely using machinery and someone is injured as a result, the company could be found negligent. Keeping machinery in good repair could also fall under this category. An auto manufacturer that keeps automobiles on the market with a known defect that could crash the car and render it inoperable for an unsuspecting owner could be found negligent if lawsuits are brought by owners of the vehicles.
Ascertain Whether the Lawsuit Has Merit
It is essential to determine if you have a case worth pursuing before taking further action. The first step in this decision-making process is to weigh the strength of the plaintiff’s own case against that of the defendant. Most lawsuits are settled long before they reach a trial date, and any reputable company will have a cadre of well-established lawyers defending them. In order to go to trial with a fair chance of winning, the plaintiff’s case must be airtight. Issues that indicate a weak case can sink an otherwise strong legal argument. For instance, if the plaintiff was partially or largely to blame for his or her own injury, the company may owe less or nothing at all. These defenses are known as contributory and comparative negligence, respectively. This is another topic unto itself, but it’s worth beginning your research there.
There are several sources that can provide insight into the likelihood of winning such a lawsuit: Your insurance agent, a friend who has previously sued a company, legal advertisements. "Why are all those lawyers saying they can help me sue people? To take my money. How can I trust that?" Answers to this are twofold: Paying to speak to a lawyer for an estimate is an initial investment that can save you far more money should your case be worth pursuing. Many lawyers accept a portion of your settlement from the lawsuit, so there is no risk if you hire the right one. It is important to screen your potential lawyer for relevant experience. Ask for references in the form of past clients.
The answer to this question is highly dependent on your ability to gather information. Are you able to gather medical bills, police reports, and prior related legal information? If these things are available, it’s then a question of whether you have the time and energy to retain the services of an attorney and put together the necessary documents to file a lawsuit.
There is a difference between being unhappy with how you were treated and having a legal case. This is where things become murky. People often think of suing when they feel they’ve been wronged in any capacity, but the law doesn’t see it that way. For a case to be viable, it must involve some sort of physical damage, loss, or hardship stemming from the actions of another. If someone said something insulting or unintentionally racially charged, then you may have a grievance best suited for a therapist.
Collecting Evidence for the Negligence Lawsuit
When it comes to proving a negligence claim against a company, the evidence you will require includes photos, videos, witness statements, and any other information that can be produced that is germane to the injury. In the case of a manufacturing defect, for example, it may be necessary to run tests on the product in question so that a defense can be built. Documentation will be essential as well, such as sales documentation, the contract between you and the company, etc.
In this type of case, the evidence collected will be used as part of the burden of proof in establishing:
Each of the parties to the injury suffered some damage, which has a value in dollars.
There is a relationship between the negligent conduct of the company and the injuries and damages suffered by the defendants.
A causal connection exists between the damages suffered and the negligent actions of the defendants.
All of these elements are necessary to prove, and each must be based upon a substantial amount of documentary evidence. The discovery process is the formal process for gathering evidence related to your negligence lawsuit. This is where a civil dispute is formally considered to be filed and requires that the defendants respond with a formal response as within 40 days. Generally, the defendant will file the answer, and then a period of discovery will commence. During this time, both sides will collect information, same as with a criminal case. You will Want to have your attorney deal with the discovery period, since this process will involve interrogatories, depositions, document production requests, and request for admissions. In a criminal case, this process takes place before the trial, and it is called discovery. Again, your attorney will be the one who deals with this.
Selecting the Best Attorney
The next step in determining how to sue a company for negligence is choosing the right legal representation. Experience and expertise matter when it comes to legal counsel. For individual personal injury claims, you’ll want a lawyer who is well versed in personal injury law.
This does not mean that you should only hire an attorney who has personal injury law as their primary area of practice. What this means is that you should have a thorough consultation with a prospective attorney and pick someone who has actual experience with cases similar to your own.
Again, this has to do with experience. If they’ve won negligence cases in court before, they can more accurately assess the value of your case based on the facts of your accident and injuries. This experience will serve as a guide to help you when they make recommendations for settling.
During your initial consultation, the attorney should be up front about their fees and review some of their previous success stories. This will help you find an attorney who can help you with your case for the long haul. Your attorney should be your partner throughout the process of suing a company for negligence.
A qualified attorney should exhibit good communication skills, be able to explain your legal options clearly and quickly and be available to answer your questions at any time. You should have an open and honest rapport that fosters good communication. This will work toward your mutual benefit.
You want to choose an attorney you are comfortable talking with, who treats you with respect and makes you feel empowered to hire them for your lawsuit. You should not however, take their word at face value. Do your research and ask around about their reputation. Hiring an attorney with a solid reputation and proven experience is key to winning your case.
Initiating the Suit: Legal Requirements and What Comes Next
The next step for plaintiffs is identifying a court that has jurisdiction over both the parties and the subject matter of the action. In order to have standing, i.e. a right to sue, the plaintiff must allege in the complaint all elements of a negligence cause of action: 1) the defendant owed the plaintiff a duty of care; 2) the defendant’s act or omission was the proximate cause of the plaintiff’s injury; and 3) the plaintiff was damaged by the defendant’s negligence.
To commence a lawsuit in New York State Supreme Court, the plaintiff drafts a complaint stating each legal theory against the defendant, the facts supporting each theory, and a demand for relief in the form of money damages and any other legal or equitable relief sought in connection with the claim. Once the complaint is filed with the Court (along with a check for court fees), the plaintiff must "serve" the complaint on the defendant(s) in accordance with the CPLR, New York’s Civil Practice Law and Rules. Unless the defendant willingly waives service of the complaint, a plaintiff must effectuate "proper service" on the defendants within 120 days of filing.
If the defendant is a company, the complaint must be served personally on the registered agent, officer, director, or managing or general agent. Generally speaking, when a corporation fails to appoint a registered agent, service may be made upon a Department of State employee. The same is true if a corporation cannot be found after due diligence efforts. If the plaintiff fails to obtain proper service, the Court may dismiss the case for lack of personal jurisdiction over the defendant .
In cases against large corporations, it is advisable to serve a copy on the company’s attorney as well as the registered agent or corporate representative. The defendant will typically have at least two options in responding to the lawsuit: 1) it may choose to answer the complaint (which serves as the summons) by "denying" all allegations not expressly admitted in its answer, and asserting whatever affirmative defenses are available to it; or 2) it may move to dismiss the complaint by making specific arguments alleging that the complaint is defective. If the defendant chooses to answer the complaint, it will also file a document called a "counterclaim." At that point, the plaintiff and the defendant are able to start discovery, which includes the exchange of documents, written document requests, interrogatories (questions and answers), depositions and clinical/medical examinations of the plaintiff and any party in the lawsuit.
Discovery generally continues up until 20 days before trial, unless an extension is granted by the Court. Eventually, the defendant may seek to file a motion for summary judgment if it believes that there remain no factual issues in controversy and a trial is no longer necessary. In such a case, the defendant will ask the court to enter a judgment in its favor. In most cases, the court will deny such motion. However, if the motion is granted, the plaintiff’s case is dismissed and all claims against the defendant are dismissed. If the motion is denied, the parties will continue to prepare for trial.
Decoding the Litigation Framework
Once a lawsuit has been filed, there are a number of stages that follow:
Discovery: During discovery, both parties exchange information about their claims and defenses. This can involve interrogatories (written questions the other party has to answer under oath within a certain timeframe), requests for admission (questions where the other party, or their attorneys has to admit or deny certain statements of fact), and document requests (requests that the other party provide all documents that relate to your case). There can also be interrogatories and document requests specific to experts, products, damages, causes of action, etc. Additionally, both parties will be deposed (a deposition is when an attorney questions one of the parties or any of the witnesses).
Pre-Trial Motions: Once you’ve been through Discovery you’ll submit a motion to the court asking for what you want. The judge will consider your request and make a ruling. This can include motions to compel discovery, motions for summary judgment, motions to dismiss particular causes of action and numerous others. These motions can shorten your trial time and can help dispose of the case if one party’s case is weak or lacking evidence.
Settlement Discussions: Depending on the strength of the claims and evidence, settlement discussions may occur.
Trial: If a case does proceed to Trial, each party presents its own case and witnesses to the judge or jury. A judge or jury will decide which party is right.
Possible Results and Compensation
After filing a lawsuit against the company responsible for the accident, you’ll probably be interested to know what the potential outcomes of the case are. To begin with, your lawsuit will come to a close either through a verdict, a settlement or a dismissal. A dismissal ends the trial with no further legal action. It’s important to understand that a dismissal doesn’t mean there was a final decision on whether or not the defendant was negligent. It just means that the plaintiff either withdrew their claim or the court dismissed it.
Settlements occur when both parties agree to terms that benefit each side. The defendant pays the plaintiff a sum of their choosing and in return the plaintiff drops the lawsuit. A trial verdict is a decision made in favor of one party by a judge or jury after hearing the legal arguments and assessing the presented evidence. The parties must then adhere to the verdict.
The primary goal of most negligence lawsuits is to recover damages, so it’s important to know what this means. A lawsuit categorized as "damages" simply means "the loss or harm caused by a breach of some kind." This is typically compensation for damages the plaintiff has sustained as a result of the accident that is being heard. The exact amount can vary, depending on the amount of the loss so no two cases are exactly alike. It’s also worth mentioning that not all such cases involve negligence and that a trial is rarely necessary to reach a settlement.
When determining damages, the lawsuit must prove liability, causation and damages. The most common types of compensation awarded are:
Compensation is calculated by analyzing the full extent of the plaintiff’s damages in both economic and non-economic ways. Some cases involve punitive damages, which may increase the total damages award significantly. As both insurance and the court often consider fault and aggravating factors, the result of the case will vary. Hiring an attorney experienced in such matters can increase your chance of bringing the defendant to justice.
Advice for a Successful Negligence Suit
There are strategies that can be employed to help increase the likelihood of a favorable outcome in a negligence lawsuit. First, it helps to maintain organized records of all expenses and losses that have been incurred, such as lost wages, medical bills, and property damage. This can facilitate a more accurate valuation of the claim when negotiating a settlement. The amount of documentation regarding the damage and loss is also critical.
It is essential to be completely open and honest with your lawyer. They need all the necessary information , including if you were doing something illegal at the time of the injury, so they can anticipate any tactics the opposing side may employ in trying to undermine your case.
Lastly, it is important to be mentally and physically prepared for a court proceeding. While most negligence lawsuits are settled out of court, there is always a chance you may have to go to trial. Make sure you understand the process of testifying before a judge.