5 Common Forms of Negligence
The majority of civil cases for personal injury or wrongful death are centered around the theory of negligence. Negligence is the failure to use reasonable care that results in someone being injured or suffering damages.
During a civil case in which you’re the plaintiff, you would have to prove that the person you are suing was negligent—and that that person’s negligence was a cause of the incident in a way that partially or entirely contributed to your injuries. Negligence comes in many forms, but all of them fall under a few main categories. A negligence attorney in New York City can explain which one fits your case, but here’s a basic summary of the most common forms to get you started.
Comparative Negligence in New York
New York is a comparative negligence state, which means that you may be found to be partially responsible for your injuries. Comparative negligence is most common in cases involving car accidents. For example, if you were driving through a green light and were hit by a driver running a red light, but you were traveling faster than the speed limit, you may be found to be partially at fault for your injuries.
Gross Negligence
Someone would need to show a complete lack of concern for your safety or fail to maintain a standard of care for it to be considered gross negligence. For example, if you’re in the hospital and your bandages aren’t changed in a timely manner and you contract an infection, that could be considered gross negligence.
Reckless Conduct
Reckless conduct in New York is when a person intentionally broke their duty of care towards you or someone else. This means that they knew they were breaching their duty of care and continued to behave in a reckless manner.
Strict Liability
In some instances, someone may be found to be liable for damages for your injuries even if they were not acting negligently. For example, if you were bitten by your neighbor’s dog, your neighbor could be required to pay for your injuries, even if the owner wasn’t otherwise negligent when the accident happened.
Comparative Negligence
The state of New York is a comparative negligence state. This means that if both you and another party were responsible for the accident, the jury will determine how much at fault each of you are, and say so in their verdict. Their job is then to award your full measure of damages—which the Court will then reduce by your percentage of fault. So even if you are almost entirely at fault for your accident, you may still be able to recover some form of monetary compensation.
Type of Damages You May Be Able to Recover
Your New York City negligence attorney will attempt to recover both economic and non-economic damages for your injuries. Economic damages are for measurable losses such as lost income, medical expenses, future medical bills, and future earning losses. Non-economic damages may include pain and suffering, loss of enjoyment, and mental/emotional anguish.
If you have been injured in an accident in New York that was caused by someone else’s negligence, you may need the services of a New York negligence attorney. They can help you receive the monetary compensation you need and deserve.
Every negligence case is different, but they all require a personalized approach and investigation in order to prove negligence. The personal injury attorneys at Greenberg & Stein have more than 75 years of combined experience—and will fight to make sure you receive the compensation you deserve.
We offer free, 24/7 legal consultations and can walk you through what legal options are available to you following your injury in New York City. Contact us today at 888-411-3966.