When examining a personal injury case, it’s essential to understand the difference between ordinary carelessness and gross negligence. Gross negligence is a severe form of wrongdoing, where the lack of care is so extreme it borders on being intentional. It represents an utter disregard for the basic precautions any careful person would take to ensure safety.
This heightened level of fault goes beyond simple mistakes. The defendant isn’t just failing to act with reasonable care; they are acting with extreme indifference to the obvious and potential risks involved. This includes situations where necessary safety policies were ignored or the severity of the danger was particularly clear.
The Impact on Damages
When a court finds gross negligence, it often leads to significantly higher financial compensation for the injured party. Crucially, a finding of gross negligence may also open the opportunity to pursue punitive damages (sometimes called exemplary damages).
Punitive damages are not intended to compensate the victim for their loss. Instead, their sole purpose is to punish the wrongdoer for their reckless misconduct and provide a warning to others. To award these damages, a judge or jury must find that the defendant acted with malice or reckless indifference to the plaintiff’s rights.
Proving that a case involves gross negligence rather than typical negligence is a complex process. If you have been harmed and believe your case may involve this extreme level of fault, a qualified personal injury attorney can help evaluate the strength of your claim.
How Law Once Can Help
The team at Law One has decades of combined experience successfully handling complex personal injury matters. While distinguishing between concepts like gross negligence and regular negligence can be challenging, our accomplished legal professionals are here to help you navigate this process and fight for the compensation you deserve.
Call Law One at (303) 831-8313 for a complimentary consultation to discuss your specific questions.
