Action Of Negligent Party Resulted in Injury
A negligent party either does something careless or fails to do something precautionary to prevent an accident. However, not all careless acts lead to a civil complaint. Negligence by definition is a general act of carelessness. The act can be intentional, or not intentional. The word negligence comes up often when seeking to obtain compensation for injuries and other loses. This is because negligence is basis of most civil complaints in personal injury cases. When negligent actions result in injuries or loss to an innocent victim, a personal injury lawsuit can be filed to seek compensation for damages. This legal right to obtain compensation is a process of proving fault and intention. In a court of law, an injury attorney will need to prove that the negligent party is at fault. Proving who is at fault means proving negligence in some form. Investigating the details of an accident and relaying convincing material to a court is serious business. This is why hiring an experienced personal injury attorney is advisable, especially if the act of negligence caused serious injuries, loss of life, or significant damage to property.
The Plaintiff & Defendant
The victim of a negligence lawsuit is referred to as the “plaintiff.” The plaintiff is the person who has been wrongly injured as the result of an accident caused by someone else. The “someone else” in this scenario would be the defendant, also referred to as the negligent party. The defendant either failed to act, or acted in a negligent manner. Often times we talk about negligent drivers who cause car wrecks. Negligent parties can also be business owners of water parks, restaurants, or retail stores. Doctors or heads of a corporations can breach their duty of care, resulting in harm. A government agency, or basically any person or party could be defendants in a negligence lawsuit.
There are basic types of negligence lawsuits: comparative, contributory, gross and mixed.
Comparative Negligence vs Contributory Negligence
“Comparative” negligence simply means that the victim, (plaintiff), may have to own a degree of responsibility for the accident. If it is proven that the plaintiff is partially or marginally responsible for the accident, then the amount of damages that could be recovered will be slightly reduced. “Contributory” negligence means that the plaintiff is really responsible for the accident, so much so that there will be no damages awarded to them.
Gross Negligence vs Mixed Negligence
Regardless of whether or not an accident was due to intentional or accidental negligence, a victim has the right to sue for compensation. When the defendant’s negligence was due to a complete and total lack of concern for others the legal term is “gross” negligence. In a case involving gross negligence, the plaintiff has no responsibility at all for the accident or damages that resulted. “Mixed” negligence refers to a combination of contributory and comparative types of negligence. In this case, the plaintiff is proven to hold more than 50% of the total responsibility. With mixed negligence, the amount of compensation for damages will drop significantly and in some cases, be eliminated completely.
The laws of negligence vary by state, and they can be very confusing to interpret unless you consult directly with a personal injury attorney.
Hold Negligent Party Responsible
For twenty years, Action Law Offices personal injury attorneys have been filing lawsuits against negligent parties. Holding the negligent party or parties responsible can result in monetary compensation for innocent victims. Proving fault requires strong evidence to support the fact that that someone either acted, or failed to act. The action or inaction of the responsible party either directly or indirectly lead to the accident. When an accident causes serious injury or significant loss Action Law helps innocent victims prove their case.
Action Law Offices offers a one-time, free of charge consultation, regarding your possible negligence claim. Your free consultation can be requested online here. Once the phone call or online form is received by the law firm, you’ll be contacted by a personal injury attorney directly. Be prepared for this call by jotting down any questions that you may have. This will allow you to benefit fully from the free legal advice you are about to receive. The attorneys at Action Law offices are experienced with negligence cases. The primary focus at Action Law has been personal injury. Obtaining maximum compensation for accident victims is a form of justice. They have the experience and the legal team to win negligence cases.