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What's the Difference Between Negligence and Gross Negligence?

What's the Difference Between Negligence and Gross Negligence?

If you’ve been injured by another person, you might not be considering the degree of their negligence. Carelessness is carelessness, right? What many people don’t realize, though, is that your claim could be affected by whether the at-fault part is simply negligent or grossly negligent. 

But, what’s the difference? If you’re not certain whether the person who injured you was being negligent or grossly negligent, talk to your Milwaukee personal injury lawyer about how that can make a difference in your claim. 

What Is Negligence? 

If someone injures you, they may have been acting negligently, but what does that mean? Generally, that means the responsible party was ignoring their “duty of care.” Duty of care means that they should have been taking reasonable care to avoid an accident. For example, they’re not responsible for stopping an accident, but they are responsible for preventing their part in an accident. 

For example, let’s say you were driving. If nothing could reasonably done to prevent an accident, you weren’t being negligent. However, if someone is texting and driving, they’re not taking reasonable actions to avoid a crash. 

That negligence goes beyond operating a vehicle. For example, if you slipped and fell in a store, the person who failed to mop up the spill or fix a broken step was negligent. However, that doesn’t mean they were acting with gross negligence. So, what’s the difference? 

Wanton Disregard for Safety

When someone is acting with gross negligence, they are acting with clear disregard for the safety of those around them. For example, texting while driving is usually simply negligent. The driver isn’t giving the road the attention they should, but they’re being careless, not intentionally harmful. 

Someone with road rage may not have been only negligent. They may have swerved into your lane, tailgated you, or even tried to hit your car. That shows, not just carelessness, but a complete disregard for the safety and well-being of other drivers. 

That means their punishment may also increase for their actions. Being found responsible for an accident is one thing, but to be accused of acting with gross negligence is much more severe. Because of that, the liable party may owe you more compensation or may suffer more severe penalties. 

Get a Milwaukee Injury Lawyer’s Help with a Negligence Claim 

If you’ve been injured because someone else was negligent, it may not be enough to claim they were negligent. They may have been grossly careless with your safety, leaving you suffering more severely than you would have otherwise. 

When this happens, you may need a lawyer from the Law Offices of Gary S. Greenberg on your side to sort out your claim. It’s not always easy to overcome the losses you’ve suffered, especially when the liable party was acting grossly negligent. You may need further guidance to get the full compensation you need for your financial recovery. 

Your attorney can help, starting with a free consultation. To begin, give us a call at 414-271-7007 or visit our website to learn more about our law firm.


About the Author:

Law Offices of Gary S. Greenberg


Gary Greenberg has been practicing law in Wisconsin for well over two decades. As a Milwaukee car accident lawyer, he has dedicated his career to helping the victims of accidents and injuries recover compensation for the damages they’ve suffered. He takes every case as seriously as he would his own; when you work with the Law Offices of Gary S. Greenberg, you’ll benefit from the services of a dedicated, determined Milwaukee personal injury lawyer.... View full business profile here: Law Offices of Gary S. Greenberg





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