Negligence comes in many forms, from gross negligence as often seen in medical malpractice lawsuits to vicarious forms that result in an employer being held liable for the actions of an employee. Regardless of your situation, filing a claim after being hurt because of someone else's recklessness can be intimidating.
It's hard to fathom a good outcome when your main focus is healing from serious injury, but don't lose hope. A compassionate personal injury lawyer can help you get the financial settlement you deserve to get your life back on track. However, first, you should understand the different types of negligence.
Four Types of Negligence
Duty of care is a phrase you'll probably hear. It simply means that people and organizations are responsible for avoiding behavior that could, from any reasonable individual's standpoint, harm others. For instance, toy manufacturers hold a duty of care toward consumers in ensuring that their products do not harm children and are safe for the public. When duty of care is violated, various types of negligence may be involved.
This is the most insidious type of offense because it infers there was a deliberate disregard for your property, safety, or both. Think of it as carelessness taken to the extreme. Unfortunately, many elderly abuse cases fall under this category, for instance, when staff fail to provide adequate care for a nursing home resident.
If it's determined that you in any way contributed to your own injury, then you may be prevented from collecting damages. An example is a car accident during which the person seeking compensation didn't heed traffic laws.
Similar to contributory negligence, blame is shared. Awards are determined by assigning each party a percentage of blame and the award is calculated based on that percentage.
This type of negligence sometimes arises when one party (such as an employer) is held liable for the actions of an individual (such as a worker). For example, a business owner could be held responsible for the behavior an employee who participates in unlawful discrimination. If a crane operator drops lumber on your car when it's parked on a public street, the construction company would likely face charges.
An experienced lawyer can guide you through the often complex avenues of negligence. You deserve to be made whole after an accident, and we can help.
Understanding Your Role in Establishing Negligence
Different types of negligence call for different kinds of legal action, but in every case, you must work with your lawyer to first establish certain elements including:
• You were owed duty of care
• That duty was breached
• Causation was present
• You experiences real losses
Reach Out to a Dedicated Personal Injury Attorney
Different states have different regulations governing different types of negligence. This may sound like legal mumbo jumbo to most people, but the right lawyer will know exactly what to do. It's our privilege to serve our community and we'd look forward to helping you. Contact Law Offices of Dennis Smith, PLLC through our online submission form or call 212-835-1699 to get started today.