Are you injured due to the careless action of someone else? You can sue that person in court and seek compensation for your losses. In order to do that, you will have to file a case and prove that the other party’s negligence caused the harm.
There are various types of compensation- the form of money for the medical fees covers loss of income or pain/suffering.
But to receive it, you will need a good and informed lawyer who will prove the other person’s carelessness caused the injury. It is called the theory of negligence. And it can decide who is guilty and the fines associated.
In this article, you will learn everything you need to know about negligence.
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What Is Negligence?
Negligence is failure to conduct required or proper care in a situation.
In simple words, it is a situation where one person harms another person, intentionally or unintentionally due to the carelessness of others. The loss can be physical, mental, or property damage.
The person who suffers can sue the other person to compensate for their harm. The harm can be anything, for example, physical injury, property damage, mental illness, economic loss, etc.
The core concept is to prevent a person from causing harm by reminding them to exercise reasonable care in their action so that they can avoid potential damage to any person or property.
Criminal Vs Civil Negligence
In criminal negligence, law enforcement authorities issue lawsuits. It occurs when a person is aware of the associated risk with their behavior.
The person can be convicted of criminal negligence.
A person can sue another person in civil court for their negligent action towards them. It is known as civil negligence. In this, a person displays negligent behavior towards others.
The only aim of civil negligence is to seek compensation.
Elements of Negligence Claims
You have to prove the science of others in order to sue them.
There are four essential elements of negligence.
Duty Of Care
You will have to prove that the other person failed to exercise the care that should have been done in other situations.
For example, a doctor owes a legal duty toward their patient to perform some extent of care while treating them.
In the same way, a driver owes a certain degree of care to other drivers on the road.
Breach of Duty of Care
Next comes, proving that due to the breach of duty of the defendant, there was damage.
For example, a driver doesn’t give the correct indication while turning.
The carelessness of the defendant caused injuries or losses to you.
For example, because the chef didn’t maintain the right hygiene in the kitchen, you got food poisoning.
There can be two subtypes of causation- Actual & Proximate cause.
Finally to receive the compensation you will have to prove that you suffered because of the negligence of the defendant. For example, you will have to prove that you suffered physical injury, property damage, or any other form of pain or suffering.
Types Of Negligence
- In contributory negligence if
you are found even the least bit responsible for your own injury, then the defender party will not be liable to pay you any compensation.
- In Comparative Negligence the law allows the grieving party to seek compensation even if they themselves are responsible for their harm.
There are three sub-types of comparative negligence:
- Pure Comparative Negligence: The plaintiff can get compensation even if they were 99% responsible for their own injury.
- Modified Comparative Negligence 50% Bar: The grieving party can seek compensation from the other party if they are partly responsible, i.e., 50% responsible for the accident and their loss.
- Modified Comparative Negligence 51 Bar: The person can recover compensation for 50% or less at fault for their injury. But you should remember that the damage would be reduced by the percentage of the fault.
- In Combination of Comparative and Contributory Negligence, the plaintiff can demand compensation only if they are 50% or less at fault for their loss.
Similarly, the person at fault can reduce the compensation in proportion to the plaintiff’s degree of fault.
- In gross negligence, the person is considered to demonstrate reckless disregard for the safety of the other person. They have to pay compensation no matter what.
- In vicarious negligence, the grieving party charges the other party for the damage done by another person. It is most common for young kids and pets.
Some Common Examples of Negligence
Motor Vehicle Accident
Car accidents are the most common events in which personal injury claims are made. It often happens when a person fails to follow the traffic rules and shows reasonable care for other people on the road.
For example, a driver is getting late for their delivery. In rush, they speed up and impact the other car. The car owner can demand repair charges from the driver or their employer.
Another common cause of negligence lawsuits is premises liability claims. For example, someone may get injured in stores, parks, schools, or hotels due to the negligent behavior of the management.
For example, A store owner forgets to put a wet floor sign on a freshly mopped floor. And their customer slips and gets fractured. Then the customer can seek compensation under premises liability.
There are different types of medical negligence and it can take place anywhere in any medical situation, for instance, in a dentistry, hospital, chemist shop, etc. It includes misdiagnosis, delayed diagnosis, surgical error, unnecessary long-term treatment, etc.
Other examples are:
- Construction sites
Getting involved in an accident can be scary. And navigate to the personal injury claims to get the compensation that worsens your woes. But if you are hurt due to the negligence of others, you can seek compensation to cover your damage to an extent.
For more information, you should visit your nearest law firm. Also, if you have any doubt, let us know in the comment section below.