Negligence defined is an act of carelessness. A negligent party either does something careless or fails to do something precautionary to prevent an accident. The act can be intentional, or not intentional. The word negligence comes up often when seeking to obtain compensation for injuries and other loses. 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 caused injury. In other words, the act of negligence or carelessness can be proven to determine fault. Investigating the details of an accident and convincing the court who is at fault is serious business; especially if the act of negligence caused serious injuries, loss of life, or significant damage to property. Hiring an experienced personal injury attorney will achieve this goal.
The Plaintiff And Defendant
Some, but not all, careless or negligent acts lead to injury or civil complaint. If the accident leads to a lawsuit, the plaintiff and defendant are two terms you will hear throughout the case. The victim 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. Negligent parties can be business owners of water parks, restaurants, or retail stores. They can also be drivers, employers or workers. Doctors or heads of a corporations can breach their duty of care, resulting in harm. A government agency, or literally any person or party could be defendants in a negligence lawsuit.
Comparative Negligence vs Contributory Negligence
There are basic types of negligence lawsuits: comparative, contributory, gross and mixed.“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.
Hold Negligent Party Responsible
To hold a negligent party responsible, who is at fault must be proven. 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 has to either directly or indirectly lead to the accident and injuries. The laws of negligence vary by state, and they can be very confusing to interpret unless you consult directly with a personal injury attorney. The attorneys at Action Law Offices in Wisconsin are experienced with negligence cases. They are familiar with with laws.
Action Law Offices
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. Obtaining maximum compensation for accident victims is a form of justice. They have the experience and the legal team to win negligence cases.