Every once and a while, you’ll hear terms like “negligence” and “gross negligence.” This might be especially true if you have been involved in a personal injury case. However, you might not know how they differ from one another. What exactly is the difference, and how can it affect your case? These are important questions that anyone involved in a personal injury case should understand.
Negligence, or more properly stated as “ordinary negligence,” is failing to use a level of care and caution that a person would typically exercise in a given situation. An example of negligence in a personal injury case is something like failing to stop at a stop sign. If this failure to stop results in a crash, it might be considered negligence. Other examples are failure to maintain a part of a building or driving while distracted. What is important is that if harm was caused, it was not intentional. The at-fault party did not intend to hurt someone. They simply were not careful, and their failure to act with normal precautions makes them liable.
For something to be gross negligence in a personal injury case, a person would have to show extreme indifference or voluntarily disregard the safety of others. This goes past simple carelessness. An example of this would be drunk driving or speeding through a school zone. If something like this results in a collision, the at-fault party might be guilty of gross negligence.
When collecting damages for your case, your lawyer is going to have to establish negligence. Without negligence, you more than likely do not have a case. To establish negligence, your lawyer will have to demonstrate a number of elements. The existence of a legal duty is the first step. Your lawyer will have to show that the at-fault party owes you a legal duty to take precautions to protect you. In most cases, we owe each other a certain standard of care. Next, your attorney will have to demonstrate that this party breached that duty. Of course, you will also have to have some kind of damages. This could be damage to property, or you might even be injured or under emotional distress. Finally, your attorney will have to tie it all together.
San Antonio Car Crash Lawyer.
Have you or a loved one been in a serious car crash and suffered injuries? If so, you should contact an experienced Personal Injury attorney. Villarreal and Begum is a local San Antonio firm that will fight to get you the compensation that you deserve. We serve clients all across Texas with offices in San Antonio, McAllen, and Laredo. We are available day and night to take your calls. Call or contact us via our website. The Law Guns will fight for you.