Knowing the difference between ordinary negligence and gross negligence is important when filing a personal injury lawsuit. If you’ve been injured in an accident and someone else was at fault, the liable party in your accident was likely negligent or careless in some way. You must prove negligence against the at-fault party in your accident if you hope to recover a settlement.
Gross negligence isn’t the same as ordinary negligence. When an at-fault party is grossly negligent, their actions are blatantly reckless and deserve greater punishment. Only a judge can award additional damages for grossly negligent behavior, but you can try to show the judge why you deserve this compensation.
At Dickson Kohan & Bablove LLP, we have an in-depth understanding of negligence. We can assess the severity of your case and determine whether the liable party who caused your wreck was grossly negligent. If we believe they were, we can try to convince the judge to award punitive damages.
Negligence is defined as failure to take proper care in doing something. If a driver causes an accident because they’re speeding, improperly changing lanes, or distracted behind the wheel, for example, they’re negligent and can be held accountable.
A property owner can also be negligent if they don’t remove a spilled liquid from a walkway and someone gets hurt. If a dog owner unleashes their dog and the dog bites someone, the dog owner is considered negligent, as well. Negligence happens frequently, and when this negligence causes injuries, individuals must pay for their actions or inactions.
Gross negligence takes ordinary negligence to an extreme. When an individual is grossly negligent, their behavior is reckless, wanton, and sometimes purposeful. If a drunk driver injures someone in an accident and it’s their third DUI offense, the court may consider the driver grossly negligent. Alternatively, if an assailant sexual abuses a victim, their actions were wanton and purposeful.
A judge is the only one who can award damages for gross negligence. When a defendant is proven to act reckless, the judge can add exemplary damages in addition to compensatory damages. Exemplary damages serve as a punishment to the defendant. A judge may also award these damages to make an example out of the defendant.
If you’re unsure whether the at-fault party in your case was grossly negligent, you can reach out to an experienced attorney for advice on the matter. At Dickson Kohan & Bablove LLP, we offer free consultations during which we can discuss the details of your case before moving forward with a claim. You’ll feel more confident pursuing a settlement when you know what your claim is worth.
If you’d like to begin calculating your claim value, you can reach out to an Orange County personal injury lawyer from our team by calling 1-844-404-2400 to schedule a no-obligation consultation or by visiting our website for more information.
Kohan & Bablove Injury Attorneys is a Personal Injury Law Firm serving Riverside and Orange County, California. Our Injury and Accident Lawyers provide passionate, aggressive and client-focused legal services to individuals who have been injured; whether that be in the form of physical injury, emotional distress or work-related injury. Time may be limited to file a claim so visit so call today 844-404-2400.... View full business profile here: Kohan & Bablove Injury Attorneys
