If you are filing a personal injury lawsuit against someone who caused an accident where you suffered harm, you likely will have a claim for negligence. However, in some extreme cases, you may be able to prove gross negligence, which often will result in larger damage awards. So what is the difference between “ordinary” and “gross” negligence?
What Is the Difference Between Ordinary and Gross Negligence?
There are two main types of negligence in personal injury cases: ordinary negligence and gross negligence. The starkest difference between these two types is the severity of the breach of duty of care.
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.
Gross negligence occurs when the at-fault party demonstrates extreme indifference or a reckless disregard for your safety. Unlike ordinary negligence, gross negligence is much more severe — it demonstrates willful behavior and extreme disregard for human life and safety.
Establishing gross negligence depends on the circumstances surrounding your case. In many claims, the facts speak for themselves. Cases that demonstrate gross negligence may include a driver speeding through an area with lots of pedestrians, driving while under the influence of alcohol or drugs, or nursing home staff failing to provide food and water to a resident for several days.
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How Do You Prove Ordinary and Gross Negligence?
Regardless of the type of negligence that occurs in your case, you and your attorney will take the same steps to prove that negligence was a factor. You will need to gather evidence to support the following four evidence in order to establish negligence in a personal injury claim.
- First, you will need to prove that the at-fault party owed you a duty of care.
- Next, you will need to establish that the at-fault party breached his or her duty of care to you in some way.
- Then, you will need to prove that the breach of care directly caused your injuries.
- Finally, you will need to prove that you suffered damages as a result of these injuries that you can collect in your personal injury settlement.
To prove gross negligence, you will need to show that the other party’s acts where so extreme and unreasonable that they amounted to a substantial departure from the standard level of care of a reasonably prudent person.
Other Types of Negligence
In addition to traditional and gross negligence, there are other types of negligence such as negligence per se and vicarious negligence.
If you are suffering from the aftermath of a personal injury, determining and proving negligence is key to a successful lawsuit or insurance claim. However, collecting the evidence necessary to prove negligence and building a case requires the assistance of a personal injury attorney.
How A Personal Injury Attorney Can Help
If you’ve been injured in an accident involving someone else’s gross negligence, you can bring a claim on your own. However, you may want to consider leaving these complicated steps to an experienced personal injury law firm such as Jordan Law. After all, your main responsibility is to get healthy. Jason and his team have successfully resolved many cases involving gross negligence.
Contact your Denver personal injury lawyer as soon as possible after your accident to schedule a free consultation. At your meeting, your attorney will help you understand your legal options so you can begin planning your next steps.