Ordinary Negligence vs. Gross Negligence

April 25, 2022 Personal Injury

Negligence is an important legal concept when you are pursuing a personal injury claim. There are two types of negligence in these cases: ordinary negligence and gross negligence. While ordinary negligence involves a careless breach of a duty of care, gross negligence involves willful, dangerous actions.

What Is Ordinary Negligence?

Ordinary negligence occurs when a person fails to uphold a certain duty of care and causes harm to another person. If the at-fault party fails to take reasonable precautions or actions and causes injury, he or she would be negligent.

Examples of ordinary negligence include the following.

• A driver runs a red light at an intersection and collides with another vehicle.
• A property owner fails to inspect his porch before hosting a party, which gives way due to rotten wood.
• A doctor forgets to provide aftercare instructions to a patient leaving a hospital, leading to complications later.

What Is Gross Negligence?

Gross negligence refers to the extreme indifference to or reckless disregard for others’ safety. Unlike ordinary negligence, these cases do not involve simple carelessness or dereliction of duty. The at-fault party acts in an intentional and extremely reckless way that could cause foreseeable harm.

Examples of gross negligence include the following.

• A driver speeds in a school zone and drives recklessly around school buses unloading children.
• A property owner ignores repeated requests to repair a dilapidated porch, telling residents that he does not want to pay for it. 
• A doctor administers a medication to a patient with a history of severe allergic reactions to that medication.

Recovering Compensation as a Victim of Negligence

Negligent acts can result in serious, painful injuries and significant damages. If you are injured by a negligent party, you deserve justice. In these situations, you may be eligible for financial compensation by filing a personal injury lawsuit.

Through a Nevada personal injury claim, you can hold the defendant accountable for the losses that you suffered due to his or her actions. There are many types of damages that you could claim in your lawsuit, such as the following.

• Past and future medical expenses, such as hospitalizations, surgeries, medications, and doctor’s visits
• Repairs and replacements for any property damaged due to the defendant’s negligence, including motor vehicle damage
• Lost wages during treatment and recovery, as well as loss of future earnings if you are unable to work
• Specialized treatments and therapies, including rehabilitation, physical therapy, and mental health counseling
• Pain and suffering damages, such as mental anguish, emotional distress, chronic pain, and permanent disability
• Punitive damages, in cases involving gross negligence

Speak to an Attorney about Your Injury Claim

Personal injury lawsuits can provide a pathway to justice for many victims. However, proving ordinary and gross negligence can be complex. Additionally, navigating the litigation process can be stressful without support. 

If you believe that you qualify for a personal injury lawsuit, you need an attorney on your side. A lawyer can handle all aspects of your case on your behalf and craft a compelling case for your right to compensation.

As soon as possible after the incident, speak to a Las Vegas personal injury attorney. Your lawyer will carefully evaluate your situation and strategize your optimal path to recovery.