Gross Negligence vs. Negligence: What Is the Difference?

Auto accidents, medical malpractice, work-related injuries, and construction site accidents occur because of negligent actions or inactions of the liable party. Personal injury laws allow injured victims to obtain compensation from a negligent party.

You will likely encounter the terms ‘gross negligence’ and ‘negligence’ in your pursuit of justice. More importantly, the correct usage of negligence and gross negligence is crucial in obtaining a fair settlement value for your losses.

You can count on a trusted personal injury attorney in Austin to hold the negligent party accountable. Seek your free consultation today.

What Is Negligence?

Negligence is the failure to act or behave with a level of care that a reasonable person would exercise under similar circumstances. The acts or omission of action from a negligent party often contribute to harm and damages to an injured victim.

Elements of Negligence

You must establish the following four elements of negligence when filing a personal injury claim:

• Duty of care
• Breach of duty
• Causation
• Harm and damages

The plaintiff in a personal injury claim cannot apply one or two elements to prove a negligence claim; instead, they must demonstrate all the above elements to obtain compensation for their injuries.

What Is Gross Negligence?

When a person is guilty of gross negligence, they act with reckless disregard for the dangerous consequences of their actions. Gross negligence is a higher degree of recklessness with an extreme departure from the ordinary standard of care. 

Therefore, someone guilty of gross negligence may be liable for higher damages than ordinary negligence. 

Examples of behaviors that qualify for gross negligence include:

• Speeding at a parking lot where children are likely to be playing
• A doctor operating on the wrong patient
• A caregiver failing to feed a resident at a nursing home for several days
• A business that intentionally sells a harmful product

Recoverable Damages for Negligence Claims

In a negligence lawsuit, damages refer to the monetary compensation awarded to an injured party for the losses they sustained because of the defendant’s negligence actions or wrongdoing.

Here are some damages that an injured victim can recover in a negligence claim:

• Lost wages
• Medical expenses
• Out-of-pocket expenses
• Pain and suffering
• Loss of consortium
• Punitive damages
• Loss of enjoyment of life
• Emotional distress

How Long Do You Have to Initiate a Negligence Claim in Texas?

In Texas, an injured victim has two years to file a negligence claim against the liable party. Failure to file a lawsuit within two years allows the defendant to file a motion to dismiss your quest for compensation.

Get in Touch With an Experienced Austin Personal Injury Attorney

Suppose you sustained a broken leg in a car accident involving a driver weaving in and out of lanes. In that case, you deserve compensation for injury-related losses, including medical expenses, lost income, punitive damages, and out-of-pocket expenses.

An experienced car accident attorney can compile evidence to demonstrate fault and prove the extent of your injuries.

TK Injury Lawyers has represented hundreds of injured victims, which gives us an advantage in protecting your rights. Contact us online or at (512) 910-2000 for a free consultation.