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Negligence


In personal injury law, if the negligence of a person or company causes injury to another, a negligence lawsuit can be filed. Negligence has been defined as the doing of something that a reasonably prudent person would not do or the failure to do something that a reasonably prudent person would do under the same or similar circumstances. Common negligence lawsuits include car accident claims, slip and fall claims and construction accidents.

In a negligence lawsuit the lawyer for the injured plaintiff must prove that the defendant was negligent and that the negligence was a proximate cause of the accident and resulting injuries. Not only may the defendant’s lawyer contest these issues, but under common law there are defenses called contributory negligence and assumption of risk that may be raised in defense of the fault or liability element of the lawsuit.

However, the liability or fault component of a personal injury lawsuit is not the only element that must be satisfied. The issue of the Plaintiff’s injuries and damages may also be defended by allegations that they were not proximately caused by the accident (causation), that they were not as severe as alleged, that the amount of the bills is excessive or that the extent of the treatment was excessive.

All of these issues have the potential to derail a plaintiff’s claim if they are not handled in a professional manner by experienced personal injury attorneys. Ashcraft & Gerel’s accident lawyers represent a large number of accident victims in Maryland, Virginia and the District of Columbia (D.C.).  Our negligence lawyers are committed to treating each negligence case, large or small, with the seriousness it deserves in order to assure that each of our clients receives the compensation to which he or she is entitled. If you have any questions or are interested in a free consultation with a negligence lawyer, email us or call us at 1-800-829-7037.


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