315 E. Charles St.
Muncie, Indiana 47305
FAX: (765) 747-1991
Other Serious Personal Injury or Wrongful Death from Negligent Actions or Omissions by Others
IN SIMPLE TERMS - WHAT IS NEGLIGENCE
In very general terms, "negligence" is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances. Negligence is a tort: A tort is simply a private or civil wrong or injury. Generally in negligence, the "wrongdoer" or tortfeasor breaches a certain standard of care that causes the claimant injury (damages). In other words, the legal elements of negligence are (a) duty, breach (of that duty), (that is a) causation and (of the resulting) damage.
Whether a tortfeasor owes a duty to a claimant is a question of law.
The breach of the duty of care has to be both a direct and proximate cause of the negligent injury. Without going into detail and as merely a simple illustration of causation the following example is offered: "but for" the tortfeasor's negligent act or omission (breach of the duty of care) the claimant's injury would not have occurred.
In general, examples of damages recoverable include medical/hospital expenses, lost wages (economic losses), pain and suffering, lost of consortium and so forth.