Negligence is the foundation of most personal injury claims. Negligence occurs when a person or entity fails to use reasonable care, causing someone else to be injured. To recover compensation, the injured person must prove that the other party had a responsibility to act safely, failed to meet that responsibility, caused the injuries as a result of that failure, and that those injuries resulted in damages such as medical bills and lost wages. These are the four elements of negligence that insurance companies and courts use to determine who is legally responsible for an accident and whether compensation is owed to the plaintiff (injured person).
If you or a loved one was injured because of the negligence of another, you do not have to prove your case alone. An experienced, local personal injury attorney will be familiar with the injury laws in your state and with how to establish negligence in order to negotiate the settlement you deserve.
Ordinary Negligence vs. Gross Negligence
The first distinction in negligence is the level of carelessness that caused the injuries. Ordinary negligence and gross negligence describe how serious a person’s actions were and can affect how a personal injury claim is evaluated.
Ordinary negligence is the most common path for proving that a party is liable (responsible) for damages. It occurs when someone fails to act as a reasonably careful or prudent person would under similar circumstances. Examples include distracted driving, failing to clean up a spill that creates a slip and fall hazard, or running a stop sign.
Gross negligence is a severe, extreme departure from the standard of care that shows a conscious or reckless disregard for the safety of others. Examples may include excessive speeding through a crowded area, driving under the influence, or knowingly ignoring a serious safety hazard that could harm others. In some states, proving gross negligence may affect the damages available to the injured party or result in additional legal consequences.
Contributory Negligence vs. Comparative Negligence by State
Personal injury laws vary from state to state and affect whether an injured person can recover compensation. Some states follow the strict doctrine of contributory negligence, while most apply some form of comparative negligence to determine how damages are awarded.
Contributory Negligence: Contributory negligence is applied when the injured person’s own careless actions contributed to their injuries. Contributory negligence acts as an “all-or-nothing” rule that bars an individual from recovering any damages from their accident if they were even slightly at fault.
States that apply contributory negligence:
- Alabama
- Maryland
- North Carolina
- Virginia
- Washington, D.C.
Comparative Negligence: Comparative negligence divides fault proportionally between the plaintiff and the defendant (responsible party). Depending on local state laws, it allows the victim to still recover damages, but their payout is reduced by the percentage they were deemed responsible for the accident.
Comparative negligence generally falls into two categories:
- Pure comparative negligence: An injured person can recover damages even if they are mostly at fault, although their compensation is reduced by their percentage of responsibility.
- Modified comparative negligence: An injured person can recover damages only if their share of fault does not exceed a certain threshold, typically 50 percent or 51 percent, depending on the state.
States that apply pure comparative negligence:
- Alaska
- Arizona
- California
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington
States that apply modified comparative negligence:
- Arkansas
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Maine
- Massachusetts
- Michigan
- Minnesota
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- West Virginia
- Wisconsin
- Wyoming
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
