Negligence is a common element in personal injury cases. Injuries that occur at the workplace, on the roads, or at home can be the result of some negligence of another party.
But understanding and proving negligent liability may not always be easy when seeking compensation for your personal injuries.
The following will help you identify negligent liability so that you and your attorney can file a successful personal injury claim and maximize the compensation you receive.
UNDERSTANDING NEGLIGENCE
Negligence occurs when one party fails to take the actions that prevent harm to another individual. As a result, there are many types of injuries and cases in which negligence is the primary basis for legal action.
Georgia law defines negligence as the unlawful violation of a private legal right. In some cases, the plaintiff may be partially at fault, But contributory negligence laws still allow plaintiffs to obtain compensation according to the level of their fault.
Also, negligence can be committed by more than one party in a given case. As a result, all defendants who are found liable for your personal injury must contribute to any compensation that is granted to you.
CLASSIFICATIONS OF NEGLIGENCE
There are many types of negligence, and these can be present in a wide range of cases such as workplace accidents, medical malpractice, product manufacturing, and wrongful death.
Along with contributory negligence, the following are other types of negligence that you may need to consider in your personal injury cases:
- Criminal negligence
- Gross negligence
- Comparative negligence
- Collateral negligence
Criminal negligence occurs when one person deviates from the standard of care that a reasonable person is expected to demonstrate and causes harm to another person. This results in criminal liability and is common in many personal injury cases.
Gross negligence is the result of actions or behaviors that present a significantly high level of risk to other parties. Defendants commit gross negligence when the minimal level of care is ignored. In most cases, this occurs consciously and willfully.
Comparative negligence involves multiple parties and their actions that have led to personal harm. This negligence is measured according to the level of each person’s contribution to the resulting injury that occurred.
Collateral negligence is committed by third parties such as a manufacturer of equipment or independent contractor.
In a workplace accident, the employer may not be held liable for the collateral negligence that resulted from the actions or inactions of a contractor, vendor, or other third parties.
PROTECTING YOUR RIGHTS AGAINST NEGLIGENT LIABILITY
Getting the compensation you deserve is a result of protecting your rights with the proper legal resources.
In order to achieve a successful outcome in your personal injury claim, you and your attorney must demonstrate four elements that prove a defendant’s negligence.
These four elements consist of the legal duty to meet the standard of conduct, a breach of that duty, a causal link between the defendant’s actions and your injury, and damages that resulted from those actions.
Demonstrating these elements and presenting the evidence that supports your case can be accomplished by working with a skilled attorney who has extensive experience in personal injury cases.
More importantly, having a thorough understanding of negligent liability and how it applies to your personal injury case maximizes the compensation you receive.
Getting your just compensation allows you to recover from your injuries and personal or financial damages. You can hold the responsible parties liable for your injuries and achieve a full recovery so that you restore your quality of life.