negligence is used to determine the extent of the person’s liability
Written by on February 4, 2023
When you get into a personal injury accident in Boston, you may come across the term modified negligence when seeking compensation for your injuries and damages.
Modified negligence is a legal concept used to determine the extent of a person’s liability for the damages they caused to another person. This concept is used in cases where the person being sued did not act with the same level of care as a reasonable person would have in the same situation, but their actions were not so reckless as to be considered gross negligence. Contact Boston personal injury lawyers to learn the concept applied to your state laws and ensure to get maximum compensation.
Negligence
The basic principle of negligence is that a person must act with reasonable care toward others and avoid causing harm. If they fail to do so and someone is injured. As a result, they can be held liable for the damages. However, there are situations where a person’s conduct may not be considered unreasonable. However, it still falls short of the standard care mentioned for the person. In these cases, the concept of modified negligence is used to determine the extent of the person’s liability.
Determining fault
Courts consider a few different factors when determining whether a person’s conduct meets modified negligence standards. One of these factors is the level of risk involved in the activity that led to the injury. If the activity was hazardous, it might be more difficult for the person being sued to argue that their conduct was reasonable.
Another factor that courts consider is the person’s awareness of the risk. If the person was aware of the risk and took steps to mitigate it, their conduct may be considered reasonable. On the other hand, if they were unaware of the risk or did not take any precautions to prevent an injury, their conduct may be considered negligent.
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There are also certain circumstances where a person’s conduct may be considered modified negligence, even if they were acting with reasonable care. For example, suppose a person is involved in an emergency situation and takes actions they believe are necessary to protect themselves or others. In that case, their conduct may be considered reasonable even if it harms someone else.
Calculating the number of damages
In cases involving modified negligence, the person being sued may still be held liable for some of the damages caused, but their liability will be limited. The number of damages they are required to pay will depend on the specific circumstances of the case and the degree to which their conduct fell short of the standard of care exercised by a reasonable person.
Speaking to a lawyer!
When you get into a personal injury accident, you need to prove negligence to get compensation. When proving negligence, it is vital to consider a legal professional by your side who can assist you in gathering all the evidence against the at-fault party. Moreover, your lawyer can come up with the right methods to prove the other party was at fault for the accident.
