General Negligence

General negligence is the basis for all personal injury causes of action. The term is defined as a general failure to act as a reasonable person would under the same circumstances.

To prove a cause of action for negligence, you need to prove each of the four (4) elements of the tort. These elements are:

(a) Duty;
(b) Breach;
(c) Causation; and
(d) Damages.

Using an automobile accident as an example, you need to prove that the driver who caused the crash had:

(a) That they had a duty to operate their vehicle properly;
(b) That they breached that duty by driving improperly;
(c) That the breach of the duty by the offending driver caused the accident; and
(d) That you were damaged by the accident because of that negligence.

Although negligence is the basic building block of a personal injury case, it still needs to be proven. Regardless of whether you are dealing with an automobile accident, motorcycle accident, tractor trailer accident, slip and fall accident, a construction accident, medical malpractice or an animal attack, you still need to get the basic elements established by competent evidence.

At Cooper & Schaffer, we understand that everything else stems from the basic concepts of negligence. We will do everything possible to insure that the negligence of the offending party will be proven so that your personal injury case can move forward to a successful conclusion.

For more information on how we can help you or your family, contact us at any of the following numbers, and we will answer your questions for free. Philadelphia residents call 215-545-7777; New Jersey residents call 856-427-6955; Montgomery County and Jenkintown residents call 215-887-6850.