Manhattan, New York (NewYorkInjuryNews.com) — Negligence is deemed by many as one of the most complex terms in regards to the law. Negligence denotes a failure to act reasonably, however in trying to determine what reasonable actions are, many questions may arise. The following includes a few questions commonly related to legal cases in which negligence is an issue.
How is negligence legally defined?
Negligence is defined under the law as a failure to act as a reasonable person would in the same circumstance.
How is negligence proven?
Negligence is determined after evidence has been presented to demonstrate whether or not a person acted reasonably. Things taken into consideration may be the person’s position and knowledge. Professionals acting in a certain capacity, such as a medical care provider, attorney, accountant, or other positions that entail a greater degree of responsibility are often held to higher standards.
What is considered comparative negligence?
Comparative negligence is taken into consideration if there is more than one party involved that may bear responsibility for an accident or injury. Some state laws include provisions that allow recovery from parties based on their assigned percentage of responsibility. For example, the case of a two car automobile accident where both driver’s actions may have contributed to a wreck. If one driver is determined to bear 75% of the responsibility and the other 25%, then in a verdict for the latter, in which they are awarded $20,000, they would only receive $15,000. Depending on the state a person is in, being found partly responsible may affect their ability to recover any damages.
State laws vary regarding the guidelines for receiving compensation in negligence claims. If a person is injured as a result of the negligence of another, it may be necessary to contact a personal injury attorney in their area, who has experience successfully handling similar types of cases.
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