When Negligence Leads to Injury
If someone’s carelessness caused your injury, your case likely involves negligence. But not all negligence is the same. In some situations, the at-fault party’s behavior is so reckless that it rises to the level of gross negligence — a much more serious offense that can lead to higher compensation for the victim.
So, what’s the difference between ordinary and gross negligence, and how does it impact your personal injury claim?
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What Is Ordinary Negligence?
Ordinary negligence is not considered willful and purposeful. It refers to the regular definition of negligence, where the at-fault party breaches their duty of care in some way and causes injury or death to another person or people. Unlike gross negligence, which demonstrates extreme indifference or a reckless disregard for safety, ordinary negligence does not involve willful behavior or an extreme disregard for human life and safety.
However, it is important to note that ordinary negligence can rarely be considered intentional. In exceptional cases, there may be instances where neglect is purposefully shown towards others. These situations, though infrequent, can lead to ordinary negligence being viewed as intentional. Nonetheless, it is crucial to understand that such cases are not common, and the majority of ordinary negligence claims do not involve willful or purposeful actions.
In summary, ordinary negligence is generally not regarded as willful and purposeful. It typically involves a breach of duty of care without a deliberate intention to cause harm. While there may be rare circumstances where ordinary negligence can be considered intentional, these instances are not widespread. It is essential to differentiate ordinary negligence from gross negligence, which entails a higher degree of indifference or recklessness towards safety.
Examples of Ordinary Negligence:
- A driver looks at their phone and rear-ends another vehicle.
- A store owner fails to mop up a spill, leading to a slip-and-fall.
- A property manager ignores a loose handrail that later causes an injury.
Ordinary negligence is usually not intentional or willful — it simply reflects a failure to act with proper caution.
What Is Gross Negligence?
Gross negligence denotes an extreme indifference or reckless disregard for your safety on the part of the responsible party. Unlike ordinary negligence, gross negligence demonstrates a willful and blatant disregard for human life and safety.
To establish a claim of gross negligence, the circumstances surrounding your case play a vital role. In many instances, the facts themselves clearly demonstrate the presence of gross negligence. For example, a driver speeding through an area with a high volume of pedestrians or operating a vehicle while under the influence of alcohol or drugs showcases the extreme indifference towards the safety of others. Similarly, incidents involving nursing home staff failing to provide essential care, such as food and water, to a resident for multiple consecutive days exhibit a reckless disregard for the well-being of vulnerable individuals.
These examples highlight the severity and willful nature of gross negligence, which significantly increases the potential harm and damages incurred. It is crucial to recognize that cases involving gross negligence demand a higher level of accountability and often result in more substantial compensation for the aggrieved party.
In summary, gross negligence represents an egregious breach of duty that involves willful behavior and extreme disregard for human life and safety. Instances such as speeding through pedestrian-heavy areas or nursing home staff neglecting essential care serve as clear examples of gross negligence, emphasizing the gravity of the disregard demonstrated.
In Colorado, proving gross negligence can lead to punitive damages, which are meant to punish the wrongdoer and deter similar conduct in the future.
The Legal Difference
The main difference between ordinary and gross negligence is the degree of carelessness:
| Type | Definition | Example |
|---|---|---|
| Ordinary | Failure to use reasonable care | Texting while driving and causing a minor crash |
| Gross | Reckless or willful disregard for safety | Driving drunk through a residential neighborhood |
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How to Prove Negligence in a Personal Injury Case
Whether your case involves ordinary or gross negligence, your attorney must prove four key elements:
- Duty of Care – The at-fault party owed you a legal duty (e.g., to drive safely).
- Breach of Duty – They failed to uphold that duty through careless or reckless actions.
- Causation – Their actions directly caused your injuries.
- Damages – You suffered measurable harm, such as medical bills, lost wages, or pain and suffering.
To prove gross negligence, you must also show that the other party’s actions were so unreasonable that they represented a major departure from what a reasonably careful person would do.
What Type of Negligence State Is Colorado?
In Colorado, the type of negligence is known as ‘modified comparative negligence.’ Under this legal framework, the determination of fault and compensation is based on the percentage of responsibility each party holds for the incident that resulted in injury or harm. If an individual is found to be 50% or more responsible for the event, they will not be entitled to any compensation.
However, if their level of responsibility is less than 50%, both the injured party (plaintiff) and the partially at-fault party can potentially receive compensation. The specific amount each party is entitled to will depend on the percentage of fault assigned to them on a case-by-case basis. It is important to note that the exact amount one can earn in compensation cannot be guaranteed due to the individualized assessment of each situation.
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Other Forms of Negligence
Beyond ordinary and gross negligence, Colorado law recognizes additional forms, including:
- Negligence Per Se: When someone violates a law or regulation meant to protect safety (e.g., running a red light).
- Vicarious Liability: Involves holding an individual responsible for the actions of someone else or even their pet. This means that if an individual’s pet causes harm to another person or if someone under their supervision causes harm, the individual may be held liable for the resulting damages.
- Comparative negligence, on the other hand, grants an injured person the opportunity to receive compensation, even if they bear some level of responsibility for the incident. It recognizes that both parties involved in an accident may share the blame to some degree, and the amount of compensation awarded is adjusted based on each party’s proportion of fault.
These distinctions can significantly affect how damages are calculated and who may be held accountable.
Why Legal Representation Matters
Proving negligence — especially gross negligence — requires careful investigation, strong evidence, and expert testimony.
At Jordan Law, we’ve spent more than 20 years representing injury victims in complex cases involving reckless drivers, negligent corporations, and unsafe property owners.
“When someone’s reckless behavior changes another person’s life forever, the law must hold them accountable,” says Attorney Jason Jordan, Founder of Jordan Law. “Our team fights for maximum compensation so clients can focus on healing and rebuilding their lives.”
Do I Need To Hire A Personal Injury Lawyer For My Negligence Case?
Getting professional legal representation for a negligence case is highly advisable. While it is technically possible to handle the legal proceedings on your own, it is not recommended. Dealing with personal injury cases involves a complex set of laws and intricate details that the average person may not fully understand. These specific nuances can greatly impact the strength of your case, and being able to identify and utilize them can significantly increase your chances of success.
By hiring a personal injury lawyer who is well-versed in the laws of your jurisdiction, such as Colorado, you can ensure that your case is built in the most effective way possible. An experienced attorney will have a deep understanding of Colorado personal injury law and can navigate the legal complexities with expertise. They will use their knowledge to bolster your case and maximize the compensation you are entitled to.
While it may be tempting to handle the legal process independently to save costs, the potential disadvantages far outweigh any perceived benefits. Without proper legal representation, you could unknowingly overlook crucial details or fail to adhere to essential legal procedures. Such oversights can weaken your case and potentially result in reduced compensation or even a dismissal of your claim.
In conclusion, hiring a personal injury lawyer is strongly recommended for a negligence case. Their expertise in the specific laws and regulations, coupled with their ability to strategically build a strong case, greatly increases your chances of receiving the maximum compensation you deserve.
Contact Our Denver Personal Injury Attorneys
If you’ve been injured in an accident caused by negligence or gross negligence, you don’t have to face the legal system alone. Our experienced trial lawyers can review your case, explain your legal options, and fight to recover what you deserve.
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