If you were injured in an accident that was caused by the negligent actions of another party, you have likely come across the legal terms of “negligence” and “gross negligence.” Depending on the specific facts of your case and the type of negligence that caused your injuries, you may be entitled to different types of damages and monetary compensation.
Below is a discussion of the difference between “negligence” and “gross negligence” and how they apply in a personal injury claim.
Negligence – Legally Defined
Negligence is legally defined as when a party acts incompetently or below the standard of care, with such actions resulting harm to another person. In order to prove a negligence cause of action, your personal injury attorney must prove the four elements of negligence: duty, breach, causation and damages.
Although in most accidents, negligence may be obvious, insurance adjusters will take every step necessary to deny a claim or at the very least to diminish the extent of the damages you have suffered. This makes it imperative to hire an experienced and aggressive Stockton accident attorney to prove every element of negligence to ensure you get the full compensation you deserve.
Gross Negligence – Legally Defined
Gross negligence is defined as a more serious form of negligence. It goes a step further than simple carelessness or falling below an expected standard of care. Gross negligence is defined as an indifference to the rights of others or a complete failure to show care, implying a willful disregard for the safety of human life. Some examples of gross negligence include a surgeon operating on the wrong organ or an amputating the wrong leg.
In some states, in order to pursue punitive damages, the personal injury victim must show or prove the elements of gross negligence. Punitive damage is defined as sums of money that is awarded to a victim to punish the behavior of the defendant who caused the accident.
Your attorney will look at the specific facts of your case to determine whether your case falls into the gross negligence category and if so will pursue it accordingly.
Contact an Experienced Stockton Accident Attorney
If you or a loved has been injured in an accident caused by the negligence of another party, you should discuss your legal options with an attorney as you may be entitled to compensation.
The Stockton accident attorneys at the Srai Law Offices advocate for their clients’ full financial recovery through hard work and an aggressive approach. For more information or to schedule a complimentary consultation with one of our attorneys, please call (209) 323-5558.