Negligence is a term we often encounter when discussing law or ethics. At its core, negligence is when a person fails to perform their due diligence, resulting in the injury or death of another person. Most personal injury cases fall based on negligence.
While it may seem simple, specific nuances could impact the outcome of a legal battle. Whether you're pursuing a case or want a better understanding of your legal rights, it's worth understanding the different types of negligence. This article uncovers the four primary types of negligence.
Gross Negligence
Gross negligence is the most severe type of negligence. This applies if a person acts knowing their actions are reckless and could endanger others. An example would be a driver running a red light.Many medical malpractice cases fall under gross negligence. This could be a nurse mistreating their patient. If an act of medical negligence results in loss of life, a loved one may pursue a case of wrongful death.
You can learn more about wrongful death with Recovery Law Center here.
Comparative Negligence
Comparative negligence often applies to vehicular and motor accidents. This is when the injured party is partially responsible for their accident but can still recover damages. In close negligence cases, the court will assign a percentage of fault to both parties.The amount of compensation may differ depending on your state's laws.
Pure Comparative Negligence
If the court finds that the injured party is 30% at fault for their accident, they will deduct that amount from the total compensation. If a plaintiff is 99% at fault, they will only receive 1% of the damages.Modified Comparative Negligence
States that follow modified comparative negligence use the 50% bar rule. If the plaintiff was more than 50% responsible for their accident, they would not be compensated. They will receive reduced compensation if their fault percentage falls under 50%.Contributory Negligence
Contributory negligence can make it difficult for injured parties to recover damages. If they contributed to their accident by even 1%, they cannot recover compensation. Most states have found this harsh and outdated and have since adopted comparative negligence.Vicarious Negligence
Vicarious negligence applies if someone is indirectly responsible for someone's injury. This is often seen in workplaces where the employer's negligence led to an employee's injury.Vicarious negligence can also apply if someone slips and falls because an employee didn't clean up the spill. Animal attacks can also fall under vicarious negligence. These claims can get complicated, which is why it's wise to document the site of the accident.
This makes it easier for the negligence lawyer to prove negligence to the court.
The Different Types of Negligence Explained
Now you understand the different types of negligence. No matter what kind of injury you sustained, contacting a lawyer to protect your rights is always best. Injury can impact your quality of life or prevent you from working; no one should have to deal with that alone.If you want more legal guides, check out our other blog posts.
