What Accident Victims Need to Know About Negligence

If you were in an accident and you believe another party's negligence is to blame, you may have a case for a personal injury lawsuit to recover your damages. Negligence can be a tricky concept to understand. You need to be fully aware of what it means to be genuinely negligent before you move forward with legal action. For instance, there are different types of negligence. Negligence and gross negligence are very different in the eyes of the law, and you need to understand these terms as you move forward with your lawsuit. Here are some critical facts you should know:

Negligence Defined

Negligence refers to any entity, personal or business, acting in a way that is not reasonably cautious or responsible which could cause harm or injury to another person. Negligence does not equal malice on the part of the offender, but the act of the negligent party did result in injury and damage to someone else due to his or her failure to act reasonably. An example of negligence would be the failure to provide safe playground equipment that ultimately harmed a child or not placing a warning sign in areas of puddled water to prevent someone from getting injured in a slip and fall accident. Although these injuries are actionable and can result in the victim receiving compensation, they are not necessarily intended to cause harm purposely.

Gross Negligence Defined

Gross negligence is an act committed by a person or entity in which that person or entity knew there would be consequences for the victim. An act of gross negligence occurs when the offender knowingly behaves negligently without concern for the well-being of any potential victim.

Some examples of gross negligence include neglect to an older adult by a caregiver or drinking and driving which results in an accident and subsequent injury to another person. These acts have the potential to have catastrophic consequences, yet the offender takes no added caution to prevent those consequences and acts in the way of blatant disregard for the victim.

What Is the Difference?

The obvious difference between the two types of negligence lies in intent. Negligence can often be of an accidental nature, though still punishable in a civil court. Gross negligence is more of a conscious action without the worry about how his or her actions will harm someone else. Gross negligence can be prosecuted both in civil and criminal court.

If you are injured in any type of accident due to negligence, your attorney will help you fully understand what you are entitled to regarding damages, and what, if any legal action will be taken against the person or entity that caused your injuries based on the type of negligence involved in your case. Contact attorneys such as Leisawitz Heller to learn more about handling your case. 

Share