Negligence
Duty, breach, causation, and damages.

The elements of a cause of action for negligence are:

  1. A legal duty to use due care,
  2. A breach of that duty,
  3. A reasonably close causal connection between that breach and the Plaintiff’s resulting injury, and
  4. Actual loss or damage to the Plaintiff.

In negligence actions for personal injury, recovery for emotional distress caused by that injury is available as an item of parasitic damages.

Common affirmative defense to negligence actions are comparative negligence, assumption of the risk, and waiver.

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Client Testimonial

To be honest, contacting a lawyer to help with a legal issue is usually never my first choice, because a) I have a tendency to want to resolve issues on my own b) it’s hard finding an attorney that you feel is trustworthy and c) I’m afraid of the high cost. Luckily, I was hugely fortunate to be referred to Brian by a friend of a friend, and not only did he make me feel comfortable, he was completely affordable and was able to quickly resolve an issue I doubt I would have been able to fix on my own.

I had purchased a car from a used car dealership in June of 2010. Unfortunately, after a few months had passed, I still had not received my title. When I discovered other buyers on online message boards that had also not received their title, it slowly dawned on me that I was not going to receive my title and most likely this dealership was taking and running with our money.

After unsuccessfully attempting to resolve the case on my own, I contacted Brian, who was not only very helpful and friendly, but also straightforward and honest about our chances and options each step of the way. He was always accessible and made me feel like my case was his most important case, and I really felt he was on my side and fighting for a righteous cause. It sounds cheesy, but I truly believe Brian is passionate about “Fighting for the Average Joe.”

I’m extremely happy that Brian was able to recover my car title and bring closure to a very stressful event. I would not hesitate to recommend him to anyone who is in a difficult situation and is looking for an honest, affordable, and highly capable lawyer to guide them and fight for their rights.
— B.W.

Disclaimer

These testimonials or endorsements do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.