In this article
If you have faced any damages which weren’t your fault, you may be able to make a negligence claim. In this article, our solicitors explain everything you need to know about this legal area.
For more information, please visit our litigation page or call us directly on 020 3007 5500.
What does negligence mean?
In law, negligence is when someone fails to behave with a level of care, which results in ‘damage’ to an individual. Damage can come in various forms, including physical harm or financial loss.
In the instance of negligence, the person who acted with neglect will become liable for the damage caused by their actions. Therefore, the victim can claim compensation for the damages.
What are some examples of negligence?
Medical negligence – An example of medical negligence is a surgeon making a mistake in a procedure, which has resulted in scarring.
Car accident – An example of negligence in a car accident is someone being on their phone while driving, which resulted in them going through a red light and crashing into another car.
Workplace injuries – An example of negligence in the workplace is an employer not replacing an old piece of machinery which resulted in the machinery breaking and injuring an employee.
Talk to us now. Save costs further down the line.
Save yourself potentially thousands of pounds by seeking advice now. Speak to us today for more information.
Lines open 24/7
020 3007 5500
What are the four types of negligence?
Under negligence, there are four different types, which include:
Ordinary negligence
This form of negligence is where an individual fails to take precautions that a reasonable person would take, with their actions (or inaction) causing harm to another person.
Example: an individual driving a car through a red light has resulted in them crashing into another vehicle.
Gross negligence
This form of negligence is more extreme and is where an individual consciously disregards the need to use reasonable care. Gross negligence carries a higher penalty, with the court having the option to give punitive damages (not just damages to compensate the victim but also damages to punish the offender).
Example: an individual is running down a busy public path waving lit fireworks in pedestrians’ faces. In this circumstance, if the individual caused someone harm with a firework exploding, for example, this would be classed as gross negligence.
Professional negligence
This form of negligence is where a claimant states that a professional has acted without reasonable care or skill. A professional is someone who works in an industry that is regulated.
Example: an accountant giving incorrect advice has resulted in significant tax consequences that would have never arisen had the claimant been correctly advised. In this circumstance, the claimant can bring action against the professional for those tax losses.
Contributory negligence
The defendant commonly uses this form of negligence against the claimant, which argues the claimant’s recklessness. In personal injury cases, contributory negligence is a common defence.
Example: a car hits a cyclist, which caused the cyclist to sustain a head injury. However, the cyclist could have avoided this injury if they wore a helmet.
How do you prove negligence?
If you’re a victim of negligence, there are four factors you must consider first before making a successful claim, which are:
- There must be a duty of care; the defendant in any negligence claim must owe the claimant a duty of care. This duty is a legal obligation generally imposed on an individual to act with reasonable care when performing any acts that could cause harm to others, for example, driving a vehicle on the motorway.
- There must be a breach in the duty of care; once the claimant establishes a duty of care, they must show a breach. For example, a driver using a phone while driving and crashing the vehicle into another road user.
- The breach must cause damage; the claimant will need to satisfy the two elements of causation:
- the defendant’s breach caused the damage.
- the damage should, as a matter of law, be recoverable from the defendant. The claimant will need to demonstrate that the action (or inaction) caused the damage.
- The remoteness of damages; this relates to the requirement that the damage must have been foreseeable. Not only must the breach of duty of care be the cause of the damage, but the harm suffered must be foreseeable to the ordinary person. An example of this would be the driver using their phone and crashing and causing personal injury to the victim.
Why use a solicitor?
Making a successful negligence claim can be very complicated, and making a claim yourself can result in an avoidable but costly mistake. Therefore, if you want to ensure you have the best chance to get the compensation you deserve, it’s essential to instruct a professional who has experience with making successful claims.
Our litigation solicitors guarantee:
- You understand your legal standpoint and available options.
- Assistance in making a valid claim.
- Your matter is resolved with as little complication as possible.
- You get the compensation you deserve.
To get in cotact with us, please send us an email at [email protected] or call us on 020 3007 5500.
0 Comments