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What is Negligence

If you are injured in some type of accident, you may file a lawsuit to collect compensation for your damages. Whether you are filing a personal injury, property damage, slip and fall, car accident, or any similar case, the heart of that case is negligence. Your lawyer must prove that the other party was negligent in some way.

Negligence is somewhat misunderstood by people with little to no legal experience, but it plays a major role in lawsuits. At Phillips Carson Phillips, we deal with these types of cases every day. If you are in a situation where you may file a lawsuit, then you must have a better idea of what negligence is.


“Negligence is an absence of care. Every homeowner, every property owner has some duty to maintain the premises in a safe condition. If you’re injured in a department store or a grocery store, or somebody else’s home, and it turns out that they have not kept the premises safe, then you could show negligence. Everybody knows what negligence is. If you get T-boned when somebody runs a red light, other personal injury cases are a little more difficult and establishing negligence can be hard. We also do legal malpractice. Legal malpractice is a very unique area of the law. It’s when a lawyer misses a deadline, fails to present evidence that he should have presented; there are a number of different ways that a lawyer can breach the duty of care. That’s really what it comes down to. You have to show that the other party has a duty to provide a safe environment or to perform his work up to a certain standard. If he does not meet that standard or if the premises are not kept safe, then you can establish negligence.”

How Do I Know If I Have a Case?

You can infer that you have a case against someone for your damages if you can easily identify how they were negligent. For example, getting into a car accident with another driver who was driving recklessly. It’s relatively obvious that they were negligent when they violated their duty to drive safely.

The best way to know if you have a negligence case is to discuss it with a Savannah criminal defense attorney. Every case is different, and you need personalized attention to know if your case is a winnable one. Fortunately, you can schedule a free consultation with Phillips Carson Phillips for more information.

Contact a Savannah Criminal Defense Attorney

Negligence can be a complicated part of analyzing a case, considering the different laws in place for different situations. You can try to determine if there was negligence on your own, but it is far more effective to discuss your case with a criminal defense attorney. The conversation is free and gives you a better idea of what to do next in your case.

Don’t hesitate to call Phillips Carson Phillips about your case. We offer free consultations so that we can get a better idea of what happened and how we can help. Contact Phillips Carson Phillips by calling (912) 232-0081 or using our online contact form to schedule a free consultation today.