How Negligence Works in a Personal Injury Case

An overwhelming majority of individuals filing a case for compensation for personal injury has no clue about how potential negligence works and how it influences the whole process. Fortunately, the experts from the Bojat Law group agreed to share their thoughts on the subject and introduce you to the vital details that should help you understand the concept more easily.

The Definition

To make a long story short, we should underline that negligence implies performing a specific action that might harm or complicate the status of an individual. For example, it would be considered negligible for a medical specialist to cause additional harm to a patient by conscienceless treatment.

The term differs from recklessness because the later mentioned implies the absence of care for the wellbeing of the injured. On the other hand, being negligible suggests the influencing factor neglects their instituted duties and exposes the injured to risks that subsequently produce harm.

Bojat Law group warns you that being reckless does not have to squeeze the money out of one’s pocket, while on the other hand, negligence does.

Various Ways to Be Negligent

Surprisingly enough, an individual can act negligently in numerous ways. Depending on the type of action, we distinguish several types of acts.

The first and most serious form is known as gross negligence. To make a long story short, we should underline that this structure implies ultimate unconcern for the safety and wellbeing of others. A classical representation of the paradigm reflects a surgent who does not disinfect their tools upon finishing a procedure but uses them repeatedly on the following patients.

See also  Title IX for High School Students- How it Protects their Rights

The cases when both the injured and the causative agent share the responsibility to some point are called contributory negligence. Before we continue, we should emphasize that both what you do or do not do might be interpreted as negligence since both the activity and inactivity can cause potential harm.

Finally, the comparative type implies the consequences would not occur or would be incomparably less damaging to the injured if they had not participated in the event which preceded the accident. In this case, the accused would still have to compensate the injured, only less than when compared to other types.

When is a Person Found Negligent?

Bojat Law group warns that negligence is not something envisaged or metaphysical, moreover, the act is defined by several factors. For example, breaching specific laws or the line of duty would qualify the subject for negligence. Finally, we should emphasize that the one who causes the injury should be in direct correlation with the ongoings that lead to the accident to be considered negligent.

To conclude our story, it would be useful to draw a parallel between negligence and professionalism. In a nutshell, one excludes the other. Considering we live in a society that is not yet as perfect as we would all like it to be, the trend of numerous negligence cases piling up daily is not likely to change any time soon. Still, knowing how the system functions should help you protect yourself both practically and legally.