The Different Types of Negligence in Personal Injury Claims
November 24, 2023 | Sagi Shaked | Personal Injury
If you’ve been injured in an accident and someone else was at fault, you can seek compensation for your injuries from the at-fault party. In most cases, you will need to establish that they were negligent to recover compensation.
Negligence is a legal term that essentially means failing to exercise a reasonable amount of care and caution under the circumstances.
An experienced Miami personal injury lawyer can help you prove negligence and seek compensation for your accident-related injuries. Contact our office today to schedule a free consultation in your case.
How Do You Prove Negligence in a Miami Personal Injury Case?
To succeed in your negligence claim, you must establish the following four elements:
- The at-fault party owed you a duty of care;
- The at-fault party breached their duty of care;
- You suffered damages; and
- Your damages were caused by the at-fault party’s conduct.
You must prove each of these elements by a “preponderance of the evidence.”
Negligence can occur in a broad variety of situations. Likewise, there are many types of negligence that may apply in a given case.
The Different Types of Negligence
Different types of negligence may arise in different circumstances or in different jurisdictions.
Pure Comparative Negligence
States have different approaches to whether a plaintiff can still recover compensation if they were partially at fault. These approaches are pure comparative negligence, modified comparative negligence, and contributory negligence.
In a pure comparative fault state, the plaintiff can recover compensation for their damages against another at-fault party, regardless of their percentage of fault. However, their compensation will be reduced in proportion to their percentage of fault.
Modified Comparative Negligence
Modified comparative negligence is similar to pure comparative negligence in some ways. However, you cannot be more at fault than the other party or parties to recover compensation.
In some states, a plaintiff can recover compensation as long as they are 50% or less at fault. Florida adheres to this modified comparative negligence model.
In other states, a plaintiff can recover compensation as long as they are 49% or less at fault. Under both models, as with pure comparative negligence, the plaintiff’s compensation is still reduced in proportion to their percentage of fault.
Unlike comparative negligence approaches, contributory negligence bars a plaintiff from recovering any compensation if they bear any amount of fault.
For example, a plaintiff would not be able to recover any compensation from other at-fault parties if they were even 5% at fault. Only four states follow this strict contributory negligence standard.
Gross negligence means a lack of reasonable care that is so great that it demonstrates a reckless disregard for the safety and lives of others. It is more serious than ordinary negligence because it represents a wanton disregard for others, though not quite rising to the level of intentionally causing harm to others.
If someone is found liable for gross negligence, they may be held responsible for a greater amount of damages than for ordinary negligence.
Negligence Per Se
In many states, if a defendant violates a statute or regulation, it raises an inference of negligence per se. This means the jury will not have to consider whether the defendant’s actions were reasonable under the circumstances and, ultimately, makes it much easier for the plaintiff to prove their case.
Vicarious liability is a type of negligence that applies if the defendant is held responsible for someone else’s actions. To illustrate, this may apply if a parent is held responsible for the negligent actions of their child, or if an employer is held accountable for the negligent actions of their employee.
Contact an Experienced Miami Personal Injury Lawyer at Shaked Law Personal Injury Lawyers for Help With Your Negligence Case
If you were injured in an accident and another party was at fault, you may need to prove they were negligent to recover compensation for your injuries. Contact an experienced Miami personal injury lawyer to help you navigate the personal injury claim process and establish each element of your negligence claim.
Call us or contact us online to schedule a free consultation with a member of our team.