Naphtal has written this Guest Post explaining, “Understanding the Different Types of Negligence in Personal Injury Claims”? He is the brand manager at Legal Giant and a highly experienced content writer.
Auto accidents, medical malpractice, or slip-and-fall accidents happen to people almost every day. Victims of such accidents suffer not only physical and psychological injuries, but also great losses.
They have to cater for hefty medical bills, experience lost wages and recover various property damages.
Compensation may not provide the reprieve needed after an accident but at least helps cover the expenses incurred.
However, to get compensation, you must prove that the accident happened as a result of another person’s negligence. You need to know what or who is responsible for your accident to seek compensation.
Whether you deserve compensation or not will also depend on the extent of fault or the degree of negligence in the accident.
This article explains the different types of negligence that apply to personal injury claims.
In many cases, an accident doesn’t just involve one person. The plaintiff might be partially responsible for the accident, either directly or indirectly. The defendant may argue that the plaintiff failed to act prudently to avoid getting injured in the accident.
An example of contributory negligence is when a drunk driver hits a pedestrian who did not use crosswalks when crossing the road.
The plaintiff would argue that the driver was drunk and speeding. On the other hand, the driver will defend himself by stating that the pedestrian crossed in the middle of the road.
Contributory negligence applies in various states, such as Alabama, Maryland, Virginia, and North Carolina.
In these contributory negligence states, the plaintiff will not get any compensation if they are partially responsible for the accident.
Like contributory negligence, comparative negligence also comes into play when more than one party is involved in the accident.
The doctrine of comparative negligence seeks to hold every party responsible for their contribution to the accident. The compensation depends on the plaintiff’s degree of responsibility.
For example, if someone suffers a trip and fall accident due to a pothole in a walkway, the responsible party may argue that the victim did not watch where they were going.
The victim may be found to be 20% responsible for the accident. In this case, they’ll only receive 80% of the compensation instead of 100%.
Comparative negligence doctrine still allows the victim to recover compensation for their injuries. However, the amount is reduced based on their share of the blame. This type of negligence applies to various states except those purely based on contributory negligence.
Comparative negligence is also divided into two types, with each applying in different states:
- Pure comparative negligence: In pure comparative negligence, the victim is still entitled to compensation even if they were 99% to blame for the accident. Their compensation would be reduced based on their degree of responsibility.
- Modified comparative negligence: In a modified comparative negligence state, the victim recovers compensation only if the defendant was at least 50% or 51% responsible for the injury. If the victim is more than 50% responsible for the accident, they’ll not get any compensation.
Gross negligence is considered a more serious type of negligent behaviour. It is described as the lack of slight negligence or complete recklessness. It happens when a person fails to exercise even the slightest level of care for the victim.
The responsible parties in gross negligence completely failed to exercise their duty of care and deliberately caused harm to the victim. The plaintiff may claim that the party knew or should have known the risks associated with their actions.
Gross negligence mostly happens in healthcare sectors where doctors owe their patients the duty of care but may end up putting their patients’ lives in danger.
A good example is when a doctor amputates the wrong limb or uses dirty equipment during a surgery.
If a plaintiff can prove that the defendant’s actions amount to gross negligence, they’ll be able to recover more damages. Punitive damages may act as punishment for the defendant and deter them from practicing similar behavior in the future.
In some cases, the person responsible for the accident may not be the one being sued for compensation. Another person may be held responsible for the actions of another. In this case, one party may be responsible for the third party yet failed to exercise their responsibility, resulting in an accident.
A good example of vicarious negligence is when an employer is responsible for the actions of the employee. This happens when the employee causes an accident or property damage while acting in their scope of work.
Another example is when a parent allows their underage child to drive their car, causing an accident. Since the child is still a minor, the parent will be held responsible for the accident.
The final example is when a pet causes an accident or property damage. For example, when a dog bites someone, the dog’s owner will be held responsible and will need to compensate the victim.
Vicarious negligence takes two things into consideration:
- The party was responsible for the third party.
- They failed to prevent or limit the harmful act.
Vicarious liability provides some form of protection to the victims in cases where the party directly responsible has no means to provide compensation.
For instance, an employee or a child may not be able to compensate the victims of an accident. The employer or the parent has the resources and should provide the compensation.
Summary: Different Types of Negligence in Personal Injury Claims
Different types of negligence apply in various situations and states. If you’re harmed and can prove that the other party was responsible, then you have a personal injury claim.
However, understanding the types of negligence and proving liability may be a complex process. You may end up making mistakes that jeopardize your chances of getting fair compensation or any compensation at all. The best thing to do is get professional help in proving negligence.
An experienced personal injury attorney can help you understand negligence and the law that applies to your case.
They may advise whether to proceed with the claim or abandon the case depending on the type of negligence and how your specific state may handle it.
So, if you believe you have a personal injury claim, talk to an experienced attorney first.