When you are injured by a preventable accident, more times than not you were injured due to someone else’s negligence or lack of care. Personal injury lawyers work with clients every day to help prove negligence and get them the compensation they deserve.
There are many different types of personal injury cases, which means there are different types of negligence that can occur. Personal injury cases can include car accidents, medical malpractice, slip and falls incidents, defective medical devices, defective products, drug injuries and much more. Depending on the injury, you may be able to prove a certain type of negligence. Here are some of the most common negligence cases that personal injury lawyers have seen.
Gross Negligence
Gross negligence is when someone was so careless that they put another individual in harm’s way. It goes further than just being careless, it means showing a general lack of concern for another individual and their safety.
Examples of gross negligence include a doctor prescribing medicine to a patient when they clearly stated they are allergic to the prescription, or someone speeding in a heavy pedestrian traffic area. No matter what the scenario is, a person has to show extreme recklessness in order to prove gross negligence.
Comparative Negligence
If you were acting irresponsibly but are injured by someone else, you would have a case of comparative negligence. You will be somewhat responsible for your own injuries but the defendant will be held liable for the rest.
If you were found partially responsible for your injury, you would most likely have to pay a portion of the damages amount and the defendant would pay the remaining amount.
Contributory Negligence
Contributory negligence is when you were the one being negligent. You caused your own injury and therefore, you are not able to collect any damages for your injury. You can even be held liable for your own injury if there was another party involved. Personal injury lawyers recommend making sure you are doing your best to act responsibly to avoid a personal injury case like this.
Vicarious Liability
Vicarious liability is when the injury came from another person or animal, but someone else is held responsible. This usually happens when a child was injured by a dog, or another child caused a serious injury to someone else (usually another kid). Animals or young children can’t be held responsible, but a parent or animal owner can be, which is when vicarious liability comes into play. These people are held liable for not properly overseeing or caring for their animals or children.
If you have been injured due to any of the types of negligence listed above, or if you have any questions regarding personal injury and negligence, contact a personal injury lawyer here at Robert J. DeBry and Associates. By working with a reliable attorney, you have the best chance at proving liability and fighting for the compensation you deserve.