The Different Types of Negligence in Gainesville Personal Injury Claims
Bill Allen | March 23, 2023 | Personal Injury
Personal injury claims in Gainesville, FL, often involve negligence. Negligence occurs when someone fails to take reasonable care, and their actions or inactions result in harm or injury to someone else.
Different forms of negligence may be relevant in a personal injury claim based on the type of case and the facts involved in the situation. This blog post will discuss some of the most common types of negligence in Gainesville personal injury claims.
Ordinary negligence is the most common type of negligence in personal injury claims. It occurs when someone fails to exercise reasonable care, harming another person.
Examples of ordinary negligence include a driver who runs a red light and causes an accident or a property owner who fails to maintain safe conditions on their premises, leading to a slip and fall injury.
In order to establish ordinary negligence, the injured party must prove four elements: duty, breach of duty, causation, and damages. Duty means that the defendant owed a duty of care to the plaintiff. Breach of duty means that the defendant failed to meet that duty of care. Causation means that the defendant’s breach of duty caused the plaintiff’s injuries. Damages refer to the harm suffered by the plaintiff.
Gross negligence is a higher level of negligence than ordinary negligence. It occurs when someone acts in a way that is so reckless or careless that it shows a complete disregard for the safety of others.
Examples of gross negligence might include a doctor who performs surgery while under the influence of drugs or alcohol or a truck driver who knowingly drives a vehicle with faulty brakes.
In order to establish gross negligence, the injured party must prove that the defendant’s conduct was so extreme that it went beyond ordinary negligence. This can be difficult to prove, but if successful, the injured party may be entitled to punitive damages in addition to compensation for their injuries.
Comparative negligence is a legal principle that comes into play when both the plaintiff and the defendant are partially at fault for the plaintiff’s injuries. In Florida, the rule of pure comparative negligence means that the plaintiff’s damages are reduced by the percentage of their own fault.
For example, if a pedestrian is hit by a car while crossing the street and the pedestrian is found to be 30% at fault for the accident because they were not using a crosswalk, their damages would be reduced by 30%.
In order to establish comparative negligence, the defendant must prove that the plaintiff’s own negligence contributed to their injuries.
Professional negligence, also known as malpractice, occurs when a professional fails to perform their duties to the standard expected of them, resulting in harm to their client or patient. This can occur in a variety of professions, including medicine, law, and accounting.
In order to establish professional negligence, the injured party must prove that the professional failed to meet the standard of care expected of them in their profession and that this failure caused their injuries. This can be a complex legal issue and may require the assistance of an attorney who has experience in professional negligence cases.
Contact a Gainesville Personal Injury Lawyer for Help With Your Negligence Claim
Negligence is a common issue in personal injury claims in Gainesville, Florida, and can take many different forms. Whether it is ordinary negligence, gross negligence, comparative negligence, or professional negligence, it is important to have a knowledgeable and experienced personal injury attorney on your side to help you navigate the legal process and get the compensation you deserve.
If you need legal assistance, contact the Gainesville personal injury lawyers at Allen Law Firm at your nearest location to schedule a free consultation today.
We have three convenient locations in North Central Florida: