Establishing negligence is an important element for any personal injury or medical malpractice case. At the practice of Lynn C. Harris in Salt Lake City, we must first establish negligence before proceeding with any case. Mr. Harris has over 28 years of experience representing personal injury cases, and clients can rest assure that he will do his best to establish negligence for each suit.
The first element in the review and understanding of a personal injury case is that of the term negligence. The easiest way I can explain negligence to you and to a jury is a stop sign. A reasonable prudent person, what do they do at a stop sign…they stop. If you don’t stop, you’ve been negligent. That’s the first element. How is that established? That’s established by photographs at the scene, that is established by medical records, it is established by police reports, it is established by accident reconstruction experts who can actually reconstruct a collision and get to speeds, who got to the intersection first, and who ran the red light. All of that is in the stop sign portion or the negligence portion of the case. Now in a medical malpractice case the stop signs are medical stop signs. We have to have another expert come in and say this doctor ran a proverbial stop sign. He did something or didn’t do something that he should have done just like a reasonable person, a reasonable ordinary driver would have to stop at a stop sign; so that’s the negligence part, and as I indicated earlier that only gets us one-third of the way home…negligence.