If you have been involved in an accident or a personal injury claim, you’ve probably heard the terms “negligence” and “gross negligence.” What you may not have heard is what those terms actually mean, how they differ from one another, and the impact each can have on your case.
Ordinary negligence, typically referred to just as negligence, is the failure to use the level of care and caution that an ordinary person would have exercised under similar circumstances. If a person fails to behave in a reasonable manner and their actions or lack of precautions cause someone else harm, then they could be considered negligent.
Negligent conduct can consist of either an act or an omission to act when there is a duty to do so.
For personal injury cases, ordinary negligence can include:
The thing to note in all of these examples is that the harm was not intentional. The party at fault did not actively act in order to hurt somebody, rather they neglected to take reasonable precautions to prevent harm from occurring. As such, they are still liable for the injuries and damages caused. Damages sought in a personal injury lawsuit can include economic damages like medical bills and lost wages as well as non-economic damages like pain and suffering and emotional distress.
In order to collect damages related to an accident or injury, your attorney must establish negligence. This is the basis of every personal injury claim, and without negligence, there is no case. In order to establish negligence, your lawyer will need to demonstrate your case meets four elements:
In a personal injury case, gross negligence is the extreme indifference to or the conscious and voluntary disregard for the safety of others. Gross negligence goes beyond the carelessness or lack of reasonable precautions seen in ordinary negligence and involves willful behavior where the conduct is likely to cause foreseeable harm.
Examples of gross negligence in a personal injury case may include:
Due to the extreme nature of gross negligence, the amount of damages awarded to the injured party may be increased or even include punitive damages. Punitive damages are those meant to punish the defendant and deter similar behavior in the future rather than make the plaintiff whole.
When you are injured in an accident or lose a loved one to negligence, it is essential that you choose a reputable attorney to represent your claim. Thomas J. Henry Law has represented injured clients since 1993, earning a reputation as a firm that secures record-breaking verdicts and settlements for its clients. Our founder, Thomas J. Henry, has received national recognition for his success in the legal industry and his ability to achieve favorable outcomes for his clients.
If you have suffered an injury due to negligence or gross negligence, you should contact a reputable attorney as soon as possible to represent your claim. Thomas J. Henry Law has represented victims of negligence for more than 25 years. Over that time, the firm has earned a reputation for securing record-breaking verdicts, settlements, and judgments for its clients. Our founder, Thomas J. Henry, has received national recognition for his success in the legal industry and his ability to achieve favorable outcomes for his clients.
Thomas J. Henry was named one of the Best San Antonio Lawyers by San Antonio Scene for three consecutive years (2018, 2019, and 2020) and was recognized as the Best Attorney of San Antonio by the San Antonio Current in 2019 and 2020. He is a lifetime member of Rue Ratings’ “Best Attorneys of America” and his firm, Thomas J. Henry Law, was named one of the Top Law Firms of 2020 by Newsweek.com.
Do not wait, speak with an attorney about your personal injury case today during a FREE case consultation.