You have friends in high places. Right down the street.

 

E. Kenneth Nyce Law Office has been providing legal services to the residents of Berks, Montgomery, Chester and Lehigh counties for more than sixty years. Our office, which specializes in meeting a wide-range of legal needs, is centrally-located in Boyertown, Pennsylvania.

Whether you're looking to start a business, were injured on the job, or are thinking about buying or selling a home, we are able to provide you with legal advice that will allow you to move forward with confidence.

E. Kenneth Nyce Law Office, LLC, is part of the Dischell Bartle Dooley Law Group.

Our Law Office offers an unusually deep and eclectic pool of talent – each attorney a specialist in his or her field – whether criminal law, family law or tax and business law – all under one roof. And though none of that is unusual for a top law firm, there is one very important difference: our roof is down the block – and not deep in the city.

Much of our success comes by way of great word of mouth, not advertising. And though that's important to us, what's more important is you... which begs the question: what can we do for you today?

 
 

The Role of Negligence in a Personal Injury Case.

There are four elements that must be present to prove negligence.

 

February 28, 2023: Negligence is a key factor in personal injury cases. It occurs whenever a party – whether a person, company, employer, or manufacturer – fails to uphold the standard of care needed to avoid foreseeable harm to another person or their property. Generally speaking, when someone acts carelessly and causes an injury to another person, the careless person will be legally liable for any resulting harm.

Examples of personal injury negligence can include:
Car Accidents, Slip and Fall Accidents, Defective Products, Medical Malpractice, Dog Bites, Workplace Accidents, and more.

There are four elements that must be established in order to prove a legal claim of negligence:

  1. Duty — The defendant (the person accused of negligence) owed a legal duty to the plaintiff (the person injured) under the circumstances. The duty of care can vary depending on the situation and the relationship between the parties.

  2. Breach — The defendant breached that legal duty by acting or failing to act as a reasonable person would have acted in the same situation. This is often determined by considering the applicable standard of care and comparing the defendant's conduct to that standard.

  3. Causation — It was the defendant's actions (or inaction) that actually caused the plaintiff's injuries. There are two types of causation: actual cause (i.e. the defendant's actions directly caused the injury) and proximate cause (i.e. the defendant's actions were a foreseeable cause of the injury).

  4. Damages — The plaintiff was harmed or injured as a result of the defendant's actions due to a breach of duty and causation. This can include physical injuries, emotional damage, and financial losses.

If the plaintiff can prove all of these elements are present, they may be able to recover compensation for their damages. However, it's important to note that the specific legal requirements for proving negligence can vary depending on the jurisdiction and the case facts. 

If you or a loved one has been injured due to another's negligence, it may be worth pursuing a legal claim — especially if medical bills were incurred or missed work resulted in lost income.

If you have questions about personal injury litigation or a potential case, contact us for assistance.

News you can use: other recent articles by DBD:

 
 
 

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