If you have recently been involved in a preventable accident, it is likely that injury has been sustained by the negligent or careless actions of another person. Following such an accident, it is steps should be taken to secure legal counsel from an experienced and knowledgeable personal injury lawyer to fight for compensation; this compensation could be used for several things, such as medical bills, to cover present and future lost income and to compensate for any pain and suffering.
To be successful in securing this compensation, it must be proven beyond a reasonable doubt that the other party was indeed negligent. To prove this negligence, it must be proven that the defendant had a duty to uphold (regardless of whether it was to the plaintiff specifically or just to the general public), that the defendant did not uphold their responsibility under that duty, that the actions by the defendant were the cause of the injury and that the injury could have been foreseen in consideration of the defendant's actions and decisions.
Many people, however, do not realize that beyond that it is also important to realize the type of negligence that you will be attempting to prove. Negligence is a blanket term; in actuality, it actually covers several different topics and types of negligence that all should be treated differently. For example, some of the following are the different types of negligence that can be proven:
- Gross Negligence - This is the type of negligence in which the defendant's actions showed a complete disregard for the safety of other people. This careless behavior displayed a disregard for the injuries that could be sustained by their actions.
- Comparative Negligence - This is used should it be proven that the plaintiff was at least partially at fault for the damages that were sustained. If they are, for example, proven that be 30% at fault, the defendant will only be forced to pay 70% of what the damages are calculated at.
Contributory Negligence - Should the plaintiff be determined to be at fault for their own injuries, this type of negligence could be applied. Should this be determined, the plaintiff will not be able to receive any sort of
compensation. This is often not used any more.
Vicarious Liability - This is when a defendant is held liable for the negligence of another person. This typically applies in situations where children caused
serious injury, when a dangerous animal caused something such as a
dog bite or if an employer was negligent in watching the actions of an employee.
Regardless of which type of negligence that you have suffered from, it is vastly important that should you be suffering from a preventable accident that immediate steps are taken to seek legal counsel from an attorney that you can rely on. At the Onder Law Firm, we are fully aware of the effects that accidents of these nature can have and we are therefore fully devoted to helping our clients protect their best interests.
Should you choose to work with us, you will be able to trust that you will not be dealing with the average, run-of-the-mill firm, but rather, will have an advocate on your side who is invested in the outcome of your case. We have proven over the years that we can be trusted in even the most daunting of situations and therefore encourage you to call us today. Contact a St. Louis personal injury lawyer from our legal team as soon as possible to discuss your options and we will help you determine the best way to go about fighting for your just and desirable outcome.