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Legal Actions You Can Take Against Different Types of Negligence

Negligence means failure to act according to the expected code of conduct, resulting in death or injury. The law requires the negligent person to compensate for the damages they cause. Here are different types of negligence and legal actions you can take on each.

Comparative Negligence

The injured person is partly responsible for the injury but has a right to go to court. You may or may not be compensated in this case, depending on the percentage of your involvement. However, this depends on your location. There are places where you get compensation even if your involvement is more than 50%, such as Tennessee, Idaho, and West Virginia.

Other states require at or less than this 50% for compensation, such as in New Jersey, Ohio, and Texas. However, you have the right to take legal action against the person for violating human rights law that forbids a person from causing harm to another.

Contributory Negligence

The injured person is entirely at fault. The court does not allow for any compensation even if your involvement was only 1%. However, your case may be different if you get a good wrongful death attorney. The decision that you failed to act on your part depends on how you argue your case.

Therefore, do not fail to file a claim if you feel you should. For example, an emotionally unstable person may file a claim if knocked down by a driver, even if the driver is unaware of the sickness. The best legal action might be to settle your case out of court since you may not have a strong claim.

Vicarious Liability

It’s a unique type of negligence in which a person is held accountable even though it is not their fault. The defendant, in this case, is responsible for another person’s action. For example, a company may be held liable for damage caused by their employee. A parent may also be held liable in case their underage child is at fault.

Gross Negligence

It’s the most severe type of negligence where the accused person causes harm due to their reckless behavior. Gross negligence is mostly in personal injury lawsuits in cases of violent actions or medical malpractice. The defendant is accused of acting without any concern for the well-being of the injured person.

These are the most common types of negligence that may require legal action. All you need is to understand the law for you to use the right legal action.

Author information: Emma Sturgis is a freelance writer based out of Boston, MA. She writes most often on health and education. When not writing, she enjoys reading and watching film noir. Say hi on Twitter @EmmaSturgis2.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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