A personal injury case is a legal dispute in which an injured party seeks to recover compensation for harm or injury they have suffered due to the negligent or intentional actions of another party. Personal injury cases can involve a variety of situations and can result in a range of damages, including compensation for medical expenses, lost wages, and pain and suffering.
In personal injury cases, there are several different types of negligence that may be relevant. These include:
Ordinary negligence: Ordinary negligence is defined as the failure to exercise reasonable care, which causes harm to another person. This is the most common type of negligence in personal injury cases, and it can include things like texting and driving or failing to properly maintain a property.
Example; A driver who is texting while driving and rear-ends another car. In this case, the driver failed to exercise reasonable care while operating their vehicle, causing another person to be injured. Texting and driving are considered unsafe activity because it diverts the driver’s attention away from the road and increases the risk of a collision.
Gross negligence: Gross negligence is defined as a significant deviation from the standard of care, indicating a reckless disregard for the safety of others. This type of negligence may result in the plaintiff receiving punitive damages in addition to compensatory damages.
Example; A surgeon who performs a surgery while under the influence of drugs or alcohol, which causes harm to the patient. In this case, the surgeon’s conduct is not only reckless and careless but also a clear violation of professional standards and ethical obligations.
Vicarious negligence: When someone is held liable for the actions of another, this is known as vicarious negligence. This is common in employer-employee relationships, where an employer may be held liable for their employee’s actions while on the job.
For example; a pizza delivery driver is involved in a car accident while making a delivery. If it is determined that the driver was at fault for the accident, the injured party may sue both the driver and the pizza restaurant. Because the driver was acting within the scope of their employment when the accident occurred, the pizza restaurant could be held vicariously liable for the driver’s negligence.
Comparative negligence: Comparative negligence occurs when both parties are partially to blame for an injury. Damages may be reduced in these cases based on the degree of fault of each party.
For example; A pedestrian was texting and did not notice the approaching car, and the driver of the car was speeding and did not notice the pedestrian until it was too late to avoid hitting them. In this case, both the pedestrian and the driver could be held responsible for the accident.
Contributory negligence: Contributory negligence is a legal doctrine that allows a plaintiff to recover damages even if they were partially to blame for their injuries. In most jurisdictions, comparative negligence has largely replaced this doctrine.
Example; A car accident in which both drivers are found to be at fault. For example, one driver could have been speeding while the other was distracted and failed to yield the right of way. A court could rule in this case that both drivers were negligent and thus contributed to the accident.
Professional negligence: When a professional, such as a doctor or lawyer, fails to meet the standard of care expected of their profession, this is referred to as professional negligence or malpractice. This type of negligence is often complicated and necessitates the testimony of expert witnesses.
For example; A lawyer who misses a deadline for submitting an important legal document on behalf of a client may be considered professionally negligent. This error could lead to the client losing the case and incurring financial or other losses. In such a case, the client may sue the lawyer for professional negligence and seek monetary compensation for the losses suffered.
Understanding the various types of negligence in personal injury cases can assist plaintiffs and their attorneys in constructing a strong case and recovering fair compensation for their injuries. To determine the type of negligence that may be relevant to your case, you should consult with an experienced personal injury lawyer.
An experienced personal injury lawyer can help you navigate the legal system and guide you with the best course of action.
If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and guide you with the best course of action.
Accidents can be brutal to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.