What Is Negligence ?

Negligence is the failure to use reasonable care directly resulting in injury or loss to another person. There are four elements required to establish negligence in a personal injury claim. Those include:

  • Presence of a Duty of Care -The first element is establishing the presence of a duty owed by one person to another. People have a duty to act in a reasonable manner toward others. Each unique personal injury claim starts with identifying this duty.
  • Someone Breached Their Duty -The second element is a breach of the duty owed by one person to another. A person breaches their duty by failing to act in a reasonable manner toward another person.
  • The Breach Directly Causes Injuries -The third element is when the breach of duty becomes the direct cause of another person’s injuries. The type and severity of injuries must be related to a failure to act in a reasonable way. The source of the breach could be a person, business, organization, or other entity.
  • Proving Monetary Losses -The fourth element is closely tied to each of the first three. When a duty exists, and a breach of that duty directly causes an injury, the injured person is responsible for proving the nature and extent of his injuries.

If you have been injured and are unsure if the responsible party was negligent, the Kubanyi Law Firm can help advise you on your rights and guide you through the process.

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  • 5.0/5.0

    I contacted the Kubanyi Law Firm for help recovering a damage claim from a moving company. And although the firm does not handle cases like mine, they thought they could connect me find a firm that could and went out of their way to do so—s...
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    — Client

  • 5.0/5.0

    I’ve had the best experience working with The Kubanyi Law Firm team. They took my case a couple of years ago after another attorney couldn’t help. I was rear ended and this caused injury to my neck and back area. I was also a personal train...
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    — Client

  • 5.0/5.0

    The Kubanyi Law Firm is very passionate and supportive of their clients. They kept consistent communication and I felt I had minimal worries regarding my case. I am completely satisfied and will definitely recommend them to anyone and every...
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  • 5.0/5.0

    Sherry and the Kubanyi office have been absolutely amazing. From the constant communication to the kindness and hospitality, they took the edge off of an extremely stressful situation. She was always real and never sold me something that sh...
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  • 5.0/5.0

    This woman and her firm are the real deal. I fell for the tv ad and hired a lawyer that I never talked to. I fired that lawyer and never got a call asking why. One of my friends told me about attorney Sherry and from day 1 I knew I made a g...
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    — Client