3 Things You Should Know About Gross Negligence Injury Claims
Many people know that they can claim personal injury compensation based on negligence. However, you should know the law recognizes different forms of negligence, including ordinary and gross negligence. Understanding them allows you to pursue compensation based on the appropriate definition.
Below are three things you should know about gross negligence.
1. It's Worse Than Ordinary Negligence
Ordinary negligence refers to behavior that excludes the level of care that an ordinary person would exercise in such circumstances. Some people call it dangerous carelessness. For example, a driver is negligent if they drive while talking on the phone. However, gross negligence goes beyond ordinary negligence regarding its risk levels.
In gross negligence, the perpetrator blatantly disregards their dangerous actions. If ordinary negligence denotes risky behavior, gross negligence denotes extremely risky behavior. For example, a driver is grossly negligent if they drive twice the speed limit in a school zone while intoxicated.
2. The Definition Varies By State
The above describes gross negligence in ordinary language that everyone can understand. However, the legal definition of gross negligence varies by state. Thus, if you are pursuing a personal injury case and base it on gross negligence, your claim must satisfy the relevant jurisdiction's requirements.
For example, California defines gross negligence as behavior that lacks care or departs from an ordinary person's behavior under the same circumstances to avoid harm. Both actions and omissions can trigger gross negligence claims.
In Texas, gross negligence describes acts or omissions that exhibit an extreme degree of risk and are highly likely to cause serious harm to others. The perpetrator must have been actually and subjectively aware of the risks but ignored them.
Use a local attorney for your gross negligence case since courts will likely interpret these definitions differently. The local attorney understands the local laws, knows how the courts rule on certain issues, and may even have intimate knowledge of similar case precedents.
3. It Usually Attracts Punitive Damages
Lastly, you should know that gross negligence is more likely to attract punitive damages than ordinary negligence. Personal injury law recognizes two forms of damages — compensatory and punitive damages. Compensatory damages reimburse you for direct losses, while punitive damages punish the defendant for their actions.
Courts award punitive damages in cases where someone has done such a dangerous thing and caused such extreme injuries or damages that they deserve punishment. The types of injury cases that qualify for gross negligence claims typically belong to this category.
Contact a personal injury lawyer to learn more.
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