Personal Injury Claims: Types of Negligence

a lawyer meeting his clientA majority of personal injury cases have an edge of negligence to them. As such, to receive a fair compensation, it is critical that you understand the degree of negligence and extent of fault in a particular accident.

Dslaw.com recommends working with an attorney to help you further understand the below-mentioned elements. They act as a path to obtaining a reasonable settlement for your damages. Here is a closer look at various categories of negligence in personal injury cases.

Contributory Negligence

This category works by shifting fault of a certain degree to the plaintiff who got involved in the accident. While contributory negligence does not absolve the defendant of the specific charges, it affects the compensation measure accordingly.

For instance, contributory negligence may occur when you fail to seek medical attention right after an accident or if you fail to wear a seat belt while driving.

Comparative Negligence

This negligence category is popular on settling claims out of court. If evidence shows that you’re partly responsible for your own injuries, your compensation settlement goes down to match the degree of your fault in the injury.

For example, when drunk driving gives you a responsibility by about 40%, then your compensation will decrease by the same percentage.

Gross Negligence

This category commonly occurs in cases that involve medical neglect or violence. If the defendant has the full responsibility for the injury, they become grossly negligent for any damages and injuries that happened.

As a result, they are held responsible for any retributory costs of the accident. A common example of this case is when unsanitary medical equipment is used for treatment, and they end up harming the patient.

Handling defenses and allocating faults in accidents and injuries is a no mean feat. As such, it is essential to get the help of a lawyer. This way, you will increase your chances of getting the settlement amount that you deserve, subsequently making your life easier.