Gross negligence is a reckless disregard for the lives and safety of others to a point of appearing conscious and purposeful, which goes beyond the definition of ordinary negligence. This type of negligence overtakes inadvertance, and its more serious consequences affect the amount of damages recovered. Because gross negligence tends to result in grave injury or harm to people, property, or both, it is considered an extreme failure to exercise even remotely reasonable care.
Comparative negligence, also known as non-absolute contributory negligence, acknowledges the partial fault of both parties in a lawsuit. Damages and compensation are partitioned by degree of fault, meaning that damages can be recovered with the understanding that they'll be reduced due to the plaintiff's own negligence with respect to the cause of damage or injury. In the event that you are somewhat liable, we’ll make sure you only pay your fair share, or are partially compensated.
Contributory negligence is a form of negligence that bars the plaintiff from any financial compensation if they were in any way negligent. That means that even at as little as one percent at fault for the accident, they cannot collect damages, and assumes that their damages would not have been caused if not for their own negligence. This is often perceived as an unnecessarily harsh doctrine, and is not followed in most states.
Vicarious liability is a strict form of secondary liability, sometimes referred to as imputed liability. In a vicarious liability case, a person is held responsible for the actions and/or omissions of another person. It is within these situations that a ruling or controlling party should make sure actions of inferiors are legal and moral. For example, if illegal activity was occurring in a given workplace, the employer is liable for the actions of their employees.
What should I do if I have a negligence claim?
Negligence cases can be hard to navigate. Our team is experienced in negligence litigation, which is an absolute necessity when determining the liable party. Fault is often not obvious, and many groups could be held responsible for your claim. Contact an attorney as soon as possible.
What can I receive compensation for?
You could be eligible for physical injuries, emotional trauma, property damage, and wage loss. These tend to be categorized into two categories, the first of which is called general damages. This includes pain and suffering. The second category is referred to as special damages, and provides compensation for the direct out-of-pocket expenses.
Why do I need a lawyer?
The main point of contention in a negligence lawsuit is the amount of compensation you believe you deserve. In these cases, it’s best to consult a lawyer. Our experienced team can help you assign a monetary value to all of your damages, and then fight aggressively in court where necessary to provide you with reparations.
How long will it take to resolve my case?
Negligence cases, like any legal situation, vary based on a multitude of factors. The most prominent aspect is the severity of the damages suffered from said negligence. Many negligence cases take less than one year, typically around six months.