Majority of the personal injury lawsuits which are being filed in courts are based on neglectful acts by the defendants. This theory is often used to hold the wrong-doers answerable for their unlawful acts such as in vehicle crashes and premises liability cases. However, the negligence statutes vary depending on the state or jurisdiction. Commonly, negligence is defined as the failure to exercise proper cautiousness through either acts of commission (carrying out actions without giving regards to the safety of other people) or omission (failure to implement the necessary precautionary measures that results to injuries or damages).

On the other hand, for a plaintiff to utilize this ground for an injury case, he must prove to the court that the negligent behavior of the defendant really caused his injury (proximate cause) and the neglectful conduct of the defendant would naturally and probably result to his injury. To site an example, a plaintiff is driving his car along the road when suddenly a motorcycle, which beat the red light, rushed in front of his car. The plaintiff then stepped on the break and was able to avoid hitting the motorcycle. But consequently, a hasty truck driver who is under the influence of liquor hit his car’s front. The plaintiff may sue both the motorcycle and the truck driver for their neglectful acts.

Meanwhile, the term gross negligence refers to exercising such acts which are considered reckless and exhibits lack of concern to other people’s safety. Most of the personal injury cases require the plaintiff to prove “gross negligence” rather than “ordinary negligence” for it to have greater chances of being favored by the court.

Hence, in cases where minors are involved, the law has designed a different manner of treatment for them as compared to the adults. The neglectful acts of minors are assessed reliant on what a cautious individual having the same age, mental capability and understanding would do if he gone through the same scenario. Moreover, minors under seven years old are deemed by the law to be incapable of exercising such neglectful acts which enable them to be free from any legal impediments regarding negligence. But in some states, the parents, who are accompanying their child at the time when the child’s neglectful acts happen, will be held liable for not giving proper care and attention to their child.

Negligence, in general, is quite hard to prove in court as a basis of a personal injury claim. This is due to its many factors to consider and prove. Plaintiffs then should seek legal advice from attorneys who have the expertise in handling personal injury cases. A knowledgeable and skilled legal counsel will help them prove that the defendant’s negligence have resulted to their injury. Thus, they will have better chances of acquiring monetary damages from the defendant to compensate their incurred injury and other personal damages.