Negligence is the failure to use reasonable care. A person is negligent if he or she does something a reasonably careful person would not do, or fails to do something a reasonably careful person would do in the same situation. The Court or Jury must determine whether a person's conduct is the responsible cause of injury, property damage, or death. These issues are determined by proof by the greater weight of the evidence. While many negligence cases involve motor vehicle accidents, they may also involve use of other machinery and/or the care of business or residential property used by customers or visitors to that property. This litigation involves disputes over liability as well as damages.
Malpractice litigation involves issues arising from the provision of health care to a patient and allegations that a physician or hospital, or other health care provider failed to use the degree of care and skill that a reasonable health care provider would use under the same or similar circumstances, which is medical negligence. This litigation includes disputes over liability, damages, and the use of expert testimony on such issues. There may also be cases involving legal malpractice or legal negligence by an attorney who allegedly failed to use the same degree of care and skill that other attorneys practicing in the same field of law would use under the same or similar circumstance. This type of litigation also involves disputes over liability and damages, and uses expert testimony.