If someone else injures you in Nebraska, you may have the right to file a claim against that person for damages. Before you can receive benefits, however, you will have to prove negligence in a personal injury case. On a legal level, two different standards of negligence exist: ordinary and gross negligence. The type of negligence involved in your case can change how much you receive in compensation. We’ll explore the definitions, examples, and consequences of both types of negligence to provide clarity on how they impact legal outcomes in your personal injury lawsuit.
When accidents occur, for personal injury attorneys, the terms “ordinary negligence” and “gross negligence” often arise in discussions about liability and legal responsibility. Although they may seem similar, these concepts represent different levels of carelessness and have distinct legal implications. Understanding the difference between each type of negligence can help you better navigate the complexities of personal injury claims and recognize the severity of a defendant’s actions.
What Is Ordinary Negligence?
The burden of proof in most personal injury cases is enough evidence to establish the defendant as more likely than not responsible for the plaintiff’s damages. Responsibility for damages typically comes down to who was negligent. Negligence is a legal term that means a breach of duty of care.
A breach of duty is an avoidable error, action, or omission that prevents the defendant from their legal duty of fulfilling the standards of reasonable care for the situation. When someone acts negligently, they fail to take reasonable precautions or follow practices for reasonable safety.
Elements of Ordinary Negligence
Ordinary negligence has four elements: a duty of care owed to the plaintiff, this duty of care breached by the defendant, causation for the accident or injury in question, and damages suffered. If a plaintiff can prove that the at-fault party or the defendant disregarded the ordinary standards of care for the same or similar circumstances of the situation, and an injury resulted from this, the defendant will owe the plaintiff compensation for causing the harm.
Does Ordinary Negligence Require Proof of Malicious Intent?
Ordinary negligence does not require proof that the defendant had malicious intentions or even that the defendant intended to harm the plaintiff. It simply asks for proof that the defendant was careless in a way that another reasonable and prudent person would not have been in the same situation, and that this careless mistake is what caused the victim’s damages.
Proving this type of negligence often requires evidence such as testimony from an expert who can attest to the standard of care and simple carelessness of the negligent party in the situation. With assistance from this kind of testimony, the defendant’s conduct can be more easily proven outside of expected and ordinary care.
We encourage you to work with an attorney from Knowles Law Firm for valuable support during your personal injury case.
How Is Gross Negligence Different from Ordinary Negligence?
Gross negligence amplifies the behavior or misconduct of ordinary negligence. It is a degree of negligence so severe that it reaches the level of recklessness, maliciousness, or a wanton or reckless disregard for the safety of others. It is an indifference so severe that it appears to be a conscious violation of others’ rights to safety. Someone who is grossly negligent may recognize the serious foreseeable harm or risk of harm to others but commit the action anyway.
Examples of negligence include a driver running a stop sign, an employee ignoring a spill in a store and a pet owner walking a dog without a leash.
Examples of gross negligence include a drunk driver choosing to drive, excessive speeding in a school zone, a truck driver knowingly driving past the hours of service regulations, and a surgical team failing to count all objects before and after an operation. Injuries and losses connected to gross negligence are typically more severe than ordinary negligence.
Why Does the Type of Negligence Matter?
Differentiating between ordinary and gross negligence can make a difference to the financial outcome of your injury claim. The courts penalize gross negligence more heavily than ordinary negligence. Ordinary negligence will force a defendant to pay for a victim’s related losses to make the victim whole again. Gross negligence claims, however, could lead to additional compensation as a punishment against the defendant.
Standard damages refer to a victim’s past and future economic and noneconomic losses. If you want to seek compensation for the defendant’s breach of duty of care and reckless misconduct, we can help. Many damages may qualify for compensation in your claim, including but not limited to the following:
- Lost wages
- Medical bills and related expenses
- Loss of personal enjoyment
- Property damages
- Legal fees
Punitive damages are recoverable in Nebraska in a case where a defendant is guilty of extremely negligent or intentional actions that injured the plaintiff. If you or your personal injury lawyer can prove gross negligence, you can recover a punitive damage award on top of these losses.
A judge in Omaha may award you punitive damages on top of compensatory damages to penalize the defendant’s negligence. Working with a lawyer can improve your chances of proving gross negligence and securing punitive damages in addition to compensatory ones. Please reach out to Knowles Law Firm so you can recover compensation for your physical injuries, medical bills, and other damages.
Need Assistance Proving Negligence in Your Personal Injury Claim? Contact Knowles Law Firm Today to Retain Invaluable Support
When pursuing a personal injury claim in Nebraska, understanding the difference between ordinary negligence and gross negligence can significantly impact the compensation you receive. Ordinary negligence involves a breach of duty resulting in harm, while gross negligence represents a severe lack of care, bordering on recklessness. At Knowles Law Firm, we have 55 years of experience handling such cases and obtaining multi-million dollar settlements to recover financial compensation for our clients.
If you believe your injury resulted from gross negligence, it’s crucial to act quickly. Our dedicated team is committed to moving cases forward promptly and effectively, often working seven days a week. We take pride in our personal approach, ensuring that each case receives the attention it deserves. Contact us today at (402) 431-9000 or through our contact form to discuss your case and explore your options for obtaining justice and financial compensation now.
