Negligence

When care is not exercised and someone gets into an accident, this can be deemed as something that occurred due to negligence. Negligence covers a wide array of accidents, with the term being used to cover events that have been caused or are the result of another person’s failure to use reasonable care. This can mean anything from vehicular accidents to workplace accidents to medical malpractice injuries.

Negligence is such a blanket word used to cover anything bad that happens with the participation of another party. This is why there are a few different types of negligence that can be cited as the cause of the accident. The level of negligence, when proven, will determine how much compensation a person should get from the offending party. Some types of negligence carry more weight than others.

Types and Examples of Negligence

Gross Negligence – This is the type of negligence that shows a person’s complete disregard for the safety of others. This is one of the more serious types of negligence around. When proven, this may end in punitive damages. An example of gross negligence is when a doctor gives a patient medication that he knows the person is allergic to.

Vicarious Liability – This form of negligence is for accidents and injuries that occur due to young children or animals. Pet owners and parents are often held liable when their pets and children under seven (7) years of age cause harm to others due to their own neglect. This same type of negligence can also be used on a business owner or employer who fails to properly manage his personnel, which then leads to them injuring someone in the process. An example of vicarious liability is when a mother does not supervise a small child because of a distraction and the child gets hold of a knife and stabs another person.

Comparative Negligence –This is when you are partly to blame for your injuries during an accident. While you are not totally at fault for the accident, something you did or forgot to do resulted in injuries that are worse than they should have been. This is when comparative negligence is cited. Example of comparative negligence is when somebody rear-ends your car and you suffer head injuries when you hit the windshield. This could have been avoided had you not neglected to wear your seatbelt.

Contributory Negligence – A lot of States no longer consider this negligence type however, a few still do. When an accident is deemed the result of contributory negligence, it means that the person injured in the accident contributed in a large way to their injuries. In short, they are not entitled to any compensation since they played a huge part in their accident. Even when the other party is almost 100% at fault, with contributory negligence, the person with the injury cannot get a single cent of compensation. This has been scrapped by many States and most use comparative negligence instead.

Some States also use Mixed Negligence, which is a combination of contributory and comparative negligence. The injured party may not receive any compensation or receive very minimal financial aid from the other party if it is proved that he is mostly to blame for his injuries.
 
What to Do When You Suspect Negligence in Your Accident

Compensation for injuries caused by negligence can come in many forms. This is often dependent on the severity of the injury and what losses a person may suffer because of it. More-often-than-not, a person who is injured because of negligence will get compensation that will cover medical bills, loss of income, and even for pain and suffering.

As with most injury claims, injuries that cite negligence as one of the main causes of the accident come with a statute of limitations. For example, those who cite negligence in a medical malpractice claim need to file such a claim within three years from when the injury occurred. Of course, the statute of limitations for various negligence claims will vary according to the kind of claim being made and according to the State where the accident occurred.

The kinds of compensation a person may be entitled to when negligence is cited can include the following:

  • compensation for loss of wages
  • compensation for loss of income from other avenues if the person involved has other income streams
  • compensation for cost of medication and recuperation, which can include rehabilitation costs

If you suspect that your accident or injury is due to the negligent behavior of another party, you might want to make sure. This is for you to claim compensation for your accident. To help you determine whether or not you are entitled to injury compensation due to negligence, answer this questionnaire to find out. This will aid you in deciding what to do next.
 

Negligence

When care is not exercised and someone gets into an accident, this can be deemed as something that occurred due to negligence. Negligence covers a wide array of accidents, with the term being used to cover events that have been caused or are the result of another person’s failure to use reasonable care. This can mean anything from vehicular accidents to workplace accidents to medical malpractice injuries.

Negligence is such a blanket word used to cover anything bad that happens with the participation of another party. This is why there are a few different types of negligence that can be cited as the cause of the accident. The level of negligence, when proven, will determine how much compensation a person should get from the offending party. Some types of negligence carry more weight than others.

Types and Examples of Negligence

Gross Negligence – This is the type of negligence that shows a person’s complete disregard for the safety of others. This is one of the more serious types of negligence around. When proven, this may end in punitive damages. An example of gross negligence is when a doctor gives a patient medication that he knows the person is allergic to.

Vicarious Liability – This form of negligence is for accidents and injuries that occur due to young children or animals. Pet owners and parents are often held liable when their pets and children under seven (7) years of age cause harm to others due to their own neglect. This same type of negligence can also be used on a business owner or employer who fails to properly manage his personnel, which then leads to them injuring someone in the process. An example of vicarious liability is when a mother does not supervise a small child because of a distraction and the child gets hold of a knife and stabs another person.

Comparative Negligence –This is when you are partly to blame for your injuries during an accident. While you are not totally at fault for the accident, something you did or forgot to do resulted in injuries that are worse than they should have been. This is when comparative negligence is cited. Example of comparative negligence is when somebody rear-ends your car and you suffer head injuries when you hit the windshield. This could have been avoided had you not neglected to wear your seatbelt.

Contributory Negligence – A lot of States no longer consider this negligence type however, a few still do. When an accident is deemed the result of contributory negligence, it means that the person injured in the accident contributed in a large way to their injuries. In short, they are not entitled to any compensation since they played a huge part in their accident. Even when the other party is almost 100% at fault, with contributory negligence, the person with the injury cannot get a single cent of compensation. This has been scrapped by many States and most use comparative negligence instead.

Some States also use Mixed Negligence, which is a combination of contributory and comparative negligence. The injured party may not receive any compensation or receive very minimal financial aid from the other party if it is proved that he is mostly to blame for his injuries.
 
What to Do When You Suspect Negligence in Your Accident

Compensation for injuries caused by negligence can come in many forms. This is often dependent on the severity of the injury and what losses a person may suffer because of it. More-often-than-not, a person who is injured because of negligence will get compensation that will cover medical bills, loss of income, and even for pain and suffering.

As with most injury claims, injuries that cite negligence as one of the main causes of the accident come with a statute of limitations. For example, those who cite negligence in a medical malpractice claim need to file such a claim within three years from when the injury occurred. Of course, the statute of limitations for various negligence claims will vary according to the kind of claim being made and according to the State where the accident occurred.

The kinds of compensation a person may be entitled to when negligence is cited can include the following:

  • compensation for loss of wages
  • compensation for loss of income from other avenues if the person involved has other income streams
  • compensation for cost of medication and recuperation, which can include rehabilitation costs

If you suspect that your accident or injury is due to the negligent behavior of another party, you might want to make sure. This is for you to claim compensation for your accident. To help you determine whether or not you are entitled to injury compensation due to negligence, answer this questionnaire to find out. This will aid you in deciding what to do next.
 

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