Personal Injury Claim: An Insight into the Three Kinds of Negligence

Man filing a personal injury claim

Man filing a personal injury claimAlmost every personal injury case relies on neglect to assign fault. Negligence is a legal concept that results from breaching the duty of care. This pertains to a person’s responsibility to avoid harming another.

In Oklahoma, the first responsibility of a personal injury lawyer such as Little Oliver Gallagher PLLC is to prove that the other person was negligent. To do this, the plaintiff will also have to establish the extent to which they neglected or breached the duty of care. From there, they have to show how the negligence caused real injuries.  Unless this happens, it is difficult to obtain any decent compensation. Below are types of neglect for most personal injury claims.

Contributory negligence

In this case, the plaintiff shoulders a portion of the blame. The only way to establish negligence is to assign the claimant a partial responsibility. While this type of oversight will not absolve the defendant, it will affect the amount he pays in compensation charges. An example of contributory negligence is in failing to seek immediate medical attention after an accident or failing to wear a seatbelt.

Comparative negligence

Here, the defense seeks to settle outside of court. If the plaintiff is proved partly responsible for their injury, their settlement reduces his by the degree of contribution. For instance, when driving under the influence of alcohol, the claimant can be responsible for up to 40% of their injury. The settlement will reduce to the same degree.

Gross negligence

This kind of oversight is established when the claim centers on medical neglect. If the defendant is found responsible for the injury, they are grossly negligent. As such, they are responsible for any costs in retribution. An example of this is when a medical practitioner uses unsanitary equipment during treatment.

Personal negligence claims can be tricky due to their nature. The defendant could quickly end up ‘responsible’ and thus have to cater to the costs of treating their injuries to top the pain. It is always advisable to consult legal experts to get a fitting settlement.