Personal injury theory works on negligence. The case is filed when the third party is negligent, and this negligence caused an injury to you. Therefore, it is essential to understand the meaning and definition of negligence. The broad definition of negligence says that it is an act outside of one’s duty of care. When a person acts carelessly or recklessly, it comes under negligence.
However, when there is a personal injury case, there are different types of negligence considered under the case. In this article, we will learn about different types of negligence and how it affects the claims in personal injury cases. You can learn more about this concept in this article, so stay tuned with us to understand in detail about types of negligence.
What are Different Types of Negligence in Personal Injury Cases?
- Comparative Negligence: As the name suggests, it is negligence in which there is involvement of both the parties (at-fault party and the victim). So, in such cases, the claims will include the compensation amount for the extent of negligence from the defendant’s side (at-fault) party. A plaintiff’s comparative fault will decrease the defendant’s degree of fault. In such cases, the degree of negligence is compared, and compensation is paid accordingly. For instance, if the defendant is negligent by 75% and the victim or plaintiff by 25%, then the plaintiff will be allowed to get 75% of the claims.
- Contributory Negligence: If contributory damage is proven, then the plaintiff will not be paid any compensation. It means that there is the contribution of both the plaintiff and defendant in the accident, and if the defendant’s lawyer proves that there is contributory negligence from both sides, the defendant does not owe any claims to the plaintiff.
- Gross Negligence: It is considered as a severe type of negligence in which there is recklessness from the defendant’s side with disregard for the safety of others. For instance, drunk driving, operating the wrong patient, and others. It can cause severe injuries, and there can be punitive punishments in such cases.
- Vicarious Negligence: It is negligence in which there is the action of some other party, and another party will pay the claims. For instance, if an on-duty bus driver diverts from driving and texts someone, the bus company will be held liable for the losses. We can also find this negligence between a pet owner and a pet; the actions of the pet will make the pet owner responsible for the damages.
- Negligence Per Se: This negligence means that there is no need for proof; the act itself proves the negligence. Per se is a Latin word stating that says within itself. For instance, the defendant drives while drunk. This act is negligent in itself, so there is no need for proof or evidence about the act.