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 Understanding Negligence

As our Dallas TX truck accident lawyer who has been rated by Super Lawyers can explain, In personal injury law, torts play a huge role. Torts help you decide what you are going to sue the person for in the first place. An extremely important Tort is negligence. Negligence is the act of not fulfilling your duty of care to someone. Negligence or neglect can be catastrophic for it can cause much harm to a person’s health or reputation.

Some examples of negligence can help with a better understanding of what negligence is. If a doctor is negligent and something goes wrong in a surgery, the patient can sue that doctor under negligence, which can further branch out to medical malpractice. If a pharmacist gives someone the wrong medication because they were distracted or not paying attention, that could also count as negligence. Even small things can count. Running a red light or distracted driving is negligence and you can have legal action taken against you for those kinds of things.

There are 4 types of negligence, each of them has their own specifications.

1. Gross Negligence – Gross negligence is the complete disregard for the safety of other people. A perfect example of this is speeding. Speeding recklessly shows complete disregard for any other drivers on the road. Along with probably earning a ticket from the police, if you hurt anyone due to speeding you may find yourself in a personal injury lawsuit for gross negligence. This can hurt your reputation catastrophically and can also cost you a lot of money.

2. Comparative Negligence – Comparative negligence is basically when multiple people are at fault for the injury of someone. For example, if you are looking to sue someone because their dog bit you, but you also contributed to the harm by going up to the dog when you knew it was dangerous, both parties are at fault and this would be considered comparative negligence. The same goes for car accidents in which both drivers contributed to the accident.

3. Contributory Negligence – Contributory negligence is when the person who got hurt contributed to the harm. For example if you touch a hot stove at the restaurant you work at, knowing it might be on, is contributory.

4. Vicarious Negligence – Vicarious negligence is when an owner of an animal is held responsible for any harm that has resulted because of their pet. Such as dog or snake bites.

If you think that one of these types of negligence has caused an injury for you or others by another party, contact a personal injury attorney like those at brandy auction law firm. Receiving damages for these kinds of injuries can help with any medical bills or any other kind of expense that has resulted because of someone else’s negligence. During a consultation with an attorney, make sure you together specify what kind of negligence would be appropriate based on the circumstances for a smoother legal process. Contact the Brandy Austin Law Firm today to speak with one of our lawyers who has been rated 10.0 by Avvo for help.