When Does Negligence Become Gross Negligence?

Negligence is a term that typically appears in personal injury cases. This is mainly because plaintiffs must prove that defendants were negligent and that their negligence caused them (the plaintiffs) harm.

However, gross negligence is sometimes used, especially when lawyers believe they have a strong case. Gross negligence may equal liability for punitive damages, which are payable on top of compensatory damages.

But where is the line between negligence and gross negligence? And how do you prove gross negligence?

The Definition of Negligence

What does negligence mean in the context of the law? In itself, negligence forms part of tort law. A tort refers to civil wrongdoing, not criminal acts. This also means that all cases involving negligence must be resolved in a civil court if a case goes that far.

It is important to note that negligence cases can be filed in civil and criminal courts, depending on the severity of the charges against a defendant.

Generally speaking, negligence means “being careless.” It refers to a situation in which a person does not take reasonable care when another person would have.

Personal injury cases typically stem from a person or institution’s negligence. For instance, if a driver crashes into another car after skipping a red light, they are negligent. If you slip and fall on a wet floor in a mall, and there is no visible warning, the mall management is negligent.

If you want to prove negligence on the part of another person or entity, you must prove it using four separate elements:

• Duty of Care: This is the first part of negligence you must prove to file a successful legal case. Duty of care refers to the reasonable care a defendant should have displayed to prevent you from being injured or suffering loss.

No one law or rule defines what duty of care should look like in different situations. And duty of care will apply differently to different legal cases. However, the concept of reasonable care remains the focus.

This means if any reasonable person would have stopped at a red light, the defendant should have.

• Breach of Duty: If it is clear that the defendant had a duty of care towards you, you need to prove they breached that duty. Like duty of care, breach of duty is also open to interpretation. Sometimes, a breach of duty is clear. If the defendant did not stop at the red light, they did not uphold their duty of care and breached it.

• Causation: Thirdly, you must prove that the defendant’s breach of duty directly caused harm. So, the defendant crashed into you after skipping a red light, and this resulted in your car being damaged and you suffering a broken leg.
• Damages: Lastly, you must prove how the accident resulted in monetary losses. Losses can also include pain and suffering.

When Negligence Becomes Gross Negligence

Sometimes, an accident is just that, an accident. A person is negligent, and their actions (or inaction) caused harm. But, sometimes, someone’s conduct was so reckless and indifferent that it ultimately became gross negligence.

Drunk driving or speeding past a kindergarten qualifies as gross negligence. If a doctor fails to provide a critically ill patient with urgent medical care to save that person’s life, it can be seen as gross negligence.

It is important to note that all states recognize gross negligence as a degree of negligence.

How Gross Negligence Can Impact Your Personal Injury Case

If you can prove gross negligence, it will affect your personal injury claim in several ways. Firstly, it may make any liability waivers you signed unenforceable. For instance, you would have signed a liability waiver if you went bungee jumping.

However, if the person overseeing your jump fails to secure your harness or the cord according to instructions, the company cannot use the waiver against you.

Also, even if you assume the risk of getting hurt (bungee jumping is, by nature, a risky activity), it does not absolve the company from gross negligence.

Finally, if you (with the help of your lawyer) can prove the defendant was grossly negligent, you may be able to claim punitive damages.

Claiming Punitive Damages

To claim punitive damages, you must prove that the defendant acted with malice or complete disregard for your safety. You must also prove that they knew the potential for serious harm.

You should note, however, that punitive damages are rarely awarded. Your lawyer cannot guarantee you will get punitive damages, even if you claim them.

Most plaintiffs do not even attempt to claim punitive damages. And, of those who do, only around 30% are awarded these damages.

If you pursue punitive damages, you must remember that each state limits the amount of damages that can be awarded.

Some states require plaintiffs to split their punitive damages award with the state. Depending on where you live, you will have to give between 50% to 75% of your punitive damages award to the state.

Moreover, the severity of a defendant’s misconduct must be considered when it comes to the size of an award, according to the U.S. Supreme Court. The link between the award size and the harm suffered must also be considered.

The Court also states that where a plaintiff is awarded a large compensatory damages award, additional punitive damages should not exceed nine times the amount of these damages.

Also, if you are awarded punitive damages, your payout is subject to tax deductions. The only exception to this is punitive damages awarded in a wrongful death suit. Some state laws only permit punitive damages for wrongful death claims, in which case they are not taxable.

Hiring a Lawyer for Your Personal Injury Case

It is important to hire a lawyer to help you with your personal injury case, whether you pursue punitive damages or not. Your lawyer can help you prove negligence or gross negligence. And they will represent you in court if no settlement is reached with the defendant’s insurance provider.

Seeking legal counsel is the best way to go through the legal process of filing a personal injury case. And it is your best chance to hold a reckless defendant responsible for their actions.