In a California personal injury case, a plaintiff may be given compensation in cases that someone violated an obligation of care to that individual through negligence, causing harm. Defendants are typically found negligent when they act in a manner inconsistent with a reasonable, careful individual. Read below for more information on the various types of negligence and how the class can impact personal injury cases.
Types of Negligence
Comparative negligence: Comparative negligence occurs when the defendant is not the sole cause of the accident. In these cases, plaintiffs are found to be partially accountable for their injuries. The judge often reduces the damages awarded to the plaintiff in comparative negligence cases.
Contributory negligence: Comparative and contributory negligence are similar in that in both, plaintiffs are deemed partially responsible for their injuries. The significant difference is how it affects compensation. In contributory negligence cases, plaintiffs receive no compensation if they are found at all accountable.
Ordinary negligence: This type of negligence occurs when an individual’s lack of regard for safety causes another individual harm. Although irresponsible, the actions of the defendant must typically be unintentional to be classified as ordinary negligence.
Gross negligence: Gross negligence occurs when an individual acts in a manner inconsistent with a reasonable, careful person. Unlike ordinary negligence, acts of gross negligence are intentional. Plaintiffs in gross and average negligence cases are entitled to 100% of the awarded funds.
Proving Negligence in California Personal Injury Cases
To be granted compensation in a personal injury case citing negligence, three basic factors must be present. First, the defendant was obligated to provide a specific duty of care to the plaintiff, and this duty was breached, causing injuries. Second, the plaintiff must prove that the injury is the direct or proximate result of the defendant’s breach of care. Finally, the defendant’s actions must have caused physical, financial, emotional, or other types of harm to the defendant. The plaintiff must prove all of these elements to be awarded compensation. The compensation amount is then decided by a judge and is determined by the severity of the injuries.
Work With a California Personal Injury Law Expert
Have you sustained injuries due to another individual’s negligence? Get the financial compensation you deserve by contacting O’Connor, Runckel, and O’Malley LLP. Our attorneys are experienced in all aspects of personal injury law. We can help you build a negligence case against the individual or entity responsible for your suffering. Don’t wait any longer to get the help you need.
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Published on behalf of O’Connor, Runckel & O’Malley LLP
