A party’s negligence is the basis for almost all personal injury lawsuits. Each personal injury lawsuit, however, involves a distinct level of carelessness. When it comes to personal injury lawsuits, these factors impact both who is responsible for damages and how much responsibility that individual may be forced to bear.
As a personal injury plaintiff, you must know the fundamentals of negligence, including what constitutes each kind of carelessness and how to establish each type of negligence in a personal injury lawsuit. Although this is a complicated subject, experienced personal injury law firms such as Correll Law Firm can help.
NEGLIGENCE COMES IN A VARIETY OF FORMS
Several theories of carelessness may be used in your particular situation. It’s essential to remember that the approach you use may be influenced by where you reside. As an example, in Texas, the idea of carelessness is used differently than in California.
- NEGLIGENCE CONTRIBUTORY
The notion of contributory negligence is one of the stalest and set in its ways. There is a jurisdiction known as contributory negligence. If the plaintiff is determined to be even somewhat negligent, such as contributing even 1% to their accident or injuries, the plaintiff will be wholly excluded from compensation. Only four states and the District of Columbia use the pure contributory negligence rule: Alabama, Virginia, North Carolina, and Maryland.
- COMPARATIVE NEGLIGENCE
On the other hand, comparative negligence allows a plaintiff to recover even if the victim contributed to the damage. Negligence is classified as one of three ways:
- Comparative Negligence With A 50 Percent Reduction In The Bar: Modified comparative negligence jurisdictions allow plaintiffs to obtain compensation even if they contributed to their injuries, as long as they are only 50% at blame. However, the plaintiff’s recoupable damages judgment would be lowered in line with the degree of culpability the plaintiff had. If a person bears 50% or more of the blame, they cannot be compensated.
- Relative Fault With A 51 Percent Bar.:It is illegal in Texas to provide alcohol to anybody under the age of 18. In states with a 51% threshold, a 50% or less plaintiff at fault may still collect damages. However, the damages would be lowered once again by the proportion of blame assigned. A person who was granted $100,000 would have their reward reduced by 10%, or $10,000 if it were later shown that they were 10% at fault.
- A Mix Of Comparative And Contributing Lapses Of Judgement: A car accident victim may have their claim ultimately denied by insurance if it is shown that the plaintiff was partially responsible for the event. Or, depending on the degree of guilt, the insurer may decrease the number of recoverable damages for the plaintiff.
- SHOCKING OMISSIONS OF FACT
In other words, gross negligence is a level of carelessness that goes beyond and beyond the bare minimum. When a defendant shows a complete disregard for the safety of others, it is what is meant by gross negligence. According to the LLI, gross negligence goes beyond “a simple mistake” and may impact the number of damages that can be recovered.
- LIABILITY VIA A THIRD PARTY
Finally, if you pursue a personal injury claim based on carelessness, you need to be aware of another legal doctrine known as vicarious responsibility. Vicarious responsibility is when one person is held liable for the actions without any fault of their own. A parent or an employer may be held vicariously responsible for the conduct of an adolescent or an employee, for example.
Injuries are frightening, and dealing with the personal injury claims procedure on top of that may be taxing. You may be able to file a personal injury claim if you’ve been injured due to the carelessness of another party.
We highly advise consulting with an expert attorney rather than trying to navigate the claims procedure on your own and perhaps missing a critical component that might have a significant impact on the outcome of your case. To ensure you understand the law and negligence about your case, contact Ketterman Rowland & Westlund now.