Understanding the Different Types of Negligence: Insights from a Plant City, Florida Personal Injury Attorney

Have you been injured in an accident caused by someone else’s negligence in Plant City, Florida? If so, then you may be able to secure compensation for your medical expenses, property damage, as well as pain and suffering by filing a personal injury claim in civil court.

Billions of dollars are awarded in personal injury claims each year in the United States. However, this does not mean that personal injury cases are easy to prove.

In order to recover the compensation that you rightly deserve, you (the plaintiff) will need to demonstrate that the other party (the defendant) was responsible for the accident. In other words, you must prove negligence.

Types of Negligence

In order to prove negligence, however, it’s important to first understand that there are two basic forms of negligence. These includes the following:

Direct Negligence

Direct negligence is when the defendant is directly responsible for the accident that caused your injuries and/or property damage. In general, direct negligence is much easier to prove than indirect negligence.

Auto accidents, medical malpractice, and premises liability are three of the most common (and most profitable) types of negligence claims in the United States. This is generally because establishing direct negligence in these cases is relatively easy. An auto accident, for example, is hardly ever open to interpretation. For example, if a driver runs a red light and rear-ends your car, they are clearly at fault. If the cause of the accident was faulty auto parts, on the other hand, it is the vehicle’s manufacturer that could be at fault.

Indirect Negligence

Indirect negligence is not quite as black and white as direct negligence, and therefore, it can be a lot more challenging to prove in court. One example of indirect negligence — long term exposure to asbestos — can be found in the workplace. Countless workers in Plant City have been exposed to asbestos in the workplace and have suffered severe health risks, including the fatal cancerous (malignant) mesothelioma. Their employers may not have known that exposure to asbestos can be deadly (nobody did back in the 80s), so proving negligence here can be relatively difficult.

Another common example of negligence that can sometimes be difficult to prove is medical malpractice. Unless it is as obvious as a surgeon leaving a sponge or a surgical device inside your body, finding evidence to win a medical malpractice case can be a challenge. That does not mean that medical malpractice cases are unwinnable, but they are often quite complex when there is no substantive proof of direct or indirect negligence.

Regardless of the type of negligence you are dealing with, an experienced attorney in Plant City, Florida can review the specifics of your case and determine whether or not negligence can be established.

Are You Looking for a Personal Injury Lawyer in Plant City, Florida?

If you want to determine whether or not negligence can be established in your case, it’s a good idea to start by looking for an experienced personal injury lawyer in Plant City, Florida. Contact O’Toole Law Group today for a no-cost consultation to discuss your negligence case.

We are a team of experienced personal injury attorneys with decades of experience in fighting for personal injury victims in Plant City, Florida. We can help you navigate the process, speak to the witnesses, and collect any and all the relevant evidence to make your case stronger to ensure that you get the justice you deserve.

Contact our office at (863) 533 5525 to speak with one of our expert personal injury lawyers in Plant City, Florida.

O'Toole Law Group

Leave a Reply