Most slip and fall cases and car accidents result in negligence claims. If you have injuries from one of these incidents, contacting negligence attorneys could work in your favor. Having a little background knowledge may also help.
Read further to understand the legal theory of holding a company or person responsible for your injuries.
What is the Legal Definition of Negligence?
Careless actions that cause injury to another person is considered negligence. The careless person or entity can be legally liable for any harm the person endures. This basis is necessary for assessing the situation and determining fault.
Most disputes that involve an injury or accident use this legal definition during informal talks for reaching a settlement. If both parties are unable to reach a settlement, this basis is also used throughout a personal injury trial.
Types of Negligence
The definition broadens with several common types of negligence such as:
- Gross Negligence – the person or entity showed complete lack of concern for the safety and well-being of others.
- Comparative Negligence – the injured person holds marginal responsibility for her injuries.
- Contributory Negligence – prevents the person filing a claim from collecting damages when she caused her injuries.
- Mixed Contributory and Comparative Negligence – as the name implies, this combines two types of negligence and the injured person shares more than 50% responsibility. She would receive a percentage of damages, or none at all.
- Vicarious Liability – this form of negligence holds a person or entity responsible for the actions of an animal or another person.
Elements for Filing a Claim
Four elements must be proven for you to win a claim that holds another person or entity responsible for your injuries. The first element is duty, which means the person or entity owed you a legal duty under the circumstances that led to your injuries.
Breach of that legal duty occurred when they failed to act in a certain way. As a result, you were injured and can receive damages because of their actions or inactions.
If you were injured because of someone else’s carelessness, you potentially have a legal claim. Consult with a personal injury attorney to learn more about the laws that support your situation.