What Is Gross Negligence?

Negligence is a legal term that refers to a person’s failure to exercise appropriate care while performing a task. If you are injured by someone who fails to uphold his or her duty of care, you can file a lawsuit against him or her and recover compensatory damages for your losses. There are two standards of negligence in Missouri injury claims: ordinary and gross negligence.

How to Prove Ordinary Negligence in a Missouri Injury Claim

Through a Missouri personal injury lawsuit, you can recover compensation for medical expenses, lost wages, pain and suffering, and many other damages related to the accident. To recover compensation in your claim, you will need to prove the at-fault party’s negligence.

In most cases, you and your lawyer will need to gather evidence to establish the at-fault party’s ordinary negligence. Ordinary negligence is a failure to exercise reasonable care, leading to accidents or injuries.

To prove ordinary negligence, you will need to prove the following four elements.

Ordinary Negligence versus Gross Negligence

Ordinary negligence refers to an at-fault party’s breach of duty of care, which results in injury to another person. It is carried out by a reasonable person who typically commits a careless mistake. Gross negligence, on the other hand, involves much more serious and reckless acts.

Like ordinary negligence, gross negligence also involves a breach of duty and injury to another person. However, a person who commits gross negligence should reasonably know that his or her actions would cause harm to other people but commits the act anyway.

A person who is grossly negligent can be extremely careless or act with complete disregard for the safety of others. He or she may be wanton and reckless or want to harm another person intentionally. In some cases, gross negligence involves fraud or maliciousness.

Examples of gross negligence include the following.

How Gross Negligence Impacts a Personal Injury Lawsuit

In most personal injury cases, you can recover compensation for the economic or non-economic losses that you sustained. If you are the victim of gross negligence, you may be eligible for a third category of damages known as punitive damages. Unlike compensatory damages, which are meant to reimburse your losses, punitive damages are meant to punish the at-fault party.

If you believe that gross negligence is involved in your claim, it is critical to speak with a Kansas City personal injury lawyer. An attorney can evaluate your case and help you take your first steps toward optimal compensation. As soon as possible following your accident, contact a lawyer to discuss your case.