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What are the requirements to be able to win a negligence case?

The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C., Ira Sherman, Joseph Cammarata, Allan Siegel, Kiran Sharma and Ebony Robinson generally limit their legal practice to representing individuals injured as a result of the negligence or carelessness of others. The law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. is one of the few law firms in Washington, D.C. to limit their practice almost exclusively to personal injury litigation.

 In order to win a negligence case, you have to prove three things:

1. That the other party acted carelessly or unreasonably under the circumstances. As circumstances change, the expected conduct must change. For example, in dry, sunny weather we are expected to drive a lot differently than when the weather conditions are icy, snowy or at night. Under the latter set of circumstances, we are expected to drive a lot more carefully, slowly and with a greater distance between your vehicle and the vehicle in front of you than you are when the weather is sunny, clear and the roads are dry.

 2. An injury has to be caused by the accident. A physical and not just emotional injury has to be able to be proven. Accordingly, if an individual struck in an automobile through the carelessness of others can not demonstrate that there was any physical injury, the law would not recognize a claim that would allow the awarding of monetary damages.

3. The negligence must cause damage. Although someone acts negligently, they do not necessarily cause an injury. Occasionally, individuals come in with pre-existing conditions and do not have the ability to demonstrate that the carelessness made their pre-existing physical ailment worse.

The litigation of negligence cases is more complicated than one might expect. Accordingly, it is important to solicit the assistance of lawyers that have extensive experience in negligence law. If you want a free consultation regarding a case that you think that you may have, please call the law offices of Chaikin, Sherman, Cammarata & Siegel, P.C.