Personal injury cases can become complicated. If you or somebody you love has been injured due to the actions of another individual, company, or entity, you should be entitled to compensation for your losses. However, securing compensation will likely revolve around proving negligence. Here, our Chicago personal injury lawyers discuss the difference between “ordinary negligence” and “gross negligence.” Determining negligence is an important aspect of winning a personal injury case, and the particular type of negligence could impact the total compensation a victim receives.
Understanding Ordinary Negligence
Ordinary negligence is the type of negligence that we commonly deal with when it comes to personal injury cases. This type of negligence occurs anytime a person fails to take reasonable precautions that another prudent person would take in a similar situation, thereby causing injury to another person. Some common examples of ordinary negligence include the following:
- A driver running a stop sign because they were reaching for something on the floorboard of their vehicle, and subsequently striking and injuring a pedestrian.
- The owner of a store failing to clean up spilled milk promptly after being told of the incident, leading to a customer sustaining a slip and fall injury.
- A property owner digging a large hole in their yard in preparation for construction but failing to properly secure it to prevent children from falling in, leading to a child falling and breaking their arm.
In each of these examples, the negligent party did not necessarily mean to cause harm to others. However, their actions nevertheless led to a person sustaining an injury. Even though the negligent party in these examples did not mean to cause harm, they can still be held liable for the damages that they caused. Injury victims may be able to recover compensation for their medical bills, lost income, out-of-pocket expenses, property damage, pain and suffering, and more.
Understanding Gross Negligence
Gross negligence is going to be defined differently than ordinary negligence. Gross negligence occurs when a person exhibits extreme indifference or reckless disregard for the safety of others. This is more than just carelessness or a failure to act responsibly. Gross negligence is typically willful conduct by the alleged negligent party that is likely to cause foreseeable harm. Some examples of gross negligence can include:
- Drivers intentionally operating at a high rate of speed through a pedestrian parade.
- A surgeon failing to check a patient’s chart before operating and amputating the wrong body part.
- A caregiver failing to feed an elderly person for days at a time.
Victims who are harmed due to the gross negligence of another individual will typically be able to recover the same types of compensation as those harmed due to ordinary negligence. However, victims of gross negligence may also receive higher compensation amounts and could receive punitive damages that are intended to punish the negligent party.
Work With A Skilled Attorney For Help With These Cases
If you or somebody you care about has sustained an injury caused by the negligent actions of another party, you should work with a skilled attorney for help with your case. Regardless of whether or not you were harmed due to the ordinary negligence or gross negligence of another person, an attorney will be able to investigate the case, work to determine liability, and help secure maximum compensation for your losses.