Medical Negligence Law - Hospital and Nursing Home Neglect
If someone you love is the victim of nursing home negligence, contact Weitz & Luxenberg by filling out this simple form today and have the law on your side.
A person is to be considered negligent if they failed to exercise the level of care that should have been exercised under given circumstances. In most jurisdictions, it is necessary to show first that a person had a duty to exercise care in a given situation, and that they then breached that duty.
The law holds that any reasonable person would, if able, follow the law.
Consequently, as a matter of law, a person may be declared by a court liable as
a matter of law ("negligence per se") if it is proven that they broke the law.
For example, someone injuring another in an auto accident may be found negligent
per se in a civil suit arising from the accident if they were convicted in
criminal court of driving while intoxicated at the time of the accident. Damages are usually awarded in proportion to the scope of the harm done,
following the principle of restitutio in integrum, literally 'restoration to the
original condition'. Still, some negligent acts are recognized as a
matter of law to be so egregious as to merit financial penalty over and above
actual damages, in order to reform the conduct of a malicious or
callously indifferent defendant, and, by example, others similarly disposed.
This is the purpose of punitive damages. The right lawyer who
knows negligence law can help you get the full award you are
entitled to. Only when the severity of negligence rises to an extreme level (and then,
only when harm results from it) might it meet the standards required under laws
providing for punitive damages. For more information, click here. Your legal claim is too important to take chances with the wrong Negligence
lawyer. Weitz & Luxenberg has been setting the standard in personal injury
law for almost 20 years. For your negligence claim, choose Weitz &
Luxenberg, because experience counts.
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