September 30, 2011 by admin
In many lawsuits, successfully winning a settlement depends at least in part on proving some kind of negligence by the party being sued. In any Arizona personal injury lawsuit, wrongful death lawsuit or product liability lawsuit, convincing the court that negligence occurred is an important element of establishing the defendant’s liability and legal obligation to pay damages. Negligence, however, can’t be defined in a way that makes it easy to determine in every case whether or not the defendant was negligent.
In law dictionaries, the simplest definition of negligence is something along the lines of “failure to use reasonable care.” A more complete definition would be “doing something that a reasonably prudent and careful person would not have done in similar circumstances, or the failure to do what a reasonably prudent person would have done under similar circumstances.”
Obviously, such definitions immediately raise the question of “What do the words reasonable, careful and prudent mean in practice?” Outside of a legal setting, people’s honest opinions of what constitutes “reasonable” behavior in a given situation naturally vary. In an adversarial legal proceeding, a defendant will obviously always argue that his or her actions were reasonable and sufficiently careful or prudent.
Thus, even if the basic facts in a lawsuit are not in dispute – that is, both sides more or less agree on the same version of the events that led up to the lawsuit – the judge or jury will have to decide whether the defendant’s actions, or lack of action, constitute negligence. Not even a legal professional can claim to know for certain what a judge or jury will ultimately decide, but an experienced attorney can evaluate a client’s case and advise him or her on the likelihood of winning a settlement.
If you feel that you’ve been harmed by the negligent action of a person or persons, or of a business, government entity or other organization, call the Mesa personal injury lawyers at Skousen, Gulbrandsen & Patience, PLC, at 480-833-8800 or 800-501-2782. The attorneys at SGP Law offer a free initial consultation to prospective clients, and can apply their expertise to your Arizona personal injury case, wrongful death lawsuit or product liability lawsuit.
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