When a law is broken, most of the time negligence was involved. So it’s natural for people to think that’s the only way they have a case. In fact, even if the law wasn’t broken, you could still have a case.


In coal mining cases and tractor-trailer cases, you’re inevitably going to find a law or regulation that was broken and the courts allow the breaking of that law to be introduced as evidence of negligence. But there are many types of negligence where no law was broken.


For instance, if a doctor or dentist commits malpractice, it means that a standard of care was breached. In other words, the doctor failed to do what a reasonably prudent doctor in the same or similar circumstance would have done.


Negligence is violating a standard that is accepted by common law. We see it a lot in car accidents. There could be rain or snow on the road and a driver knowingly continues to drive at a dangerous pace, causing an accident.  A reasonably prudent driver would have slowed down.  This type of negligence, if we can prove it, can be used in court.


You need an experienced law firm who knows how to look at your case, figure out what happened to you, and decide if you can claim negligence. At the Segal Law Firm, we’re constantly discussing what negligence caused a person’s injury and how we’re going to prove it. If you’ve got a question about negligence or are wondering if you have a case, pick up the phone and call me. The call and my time are completely free at 855-344-9100.