Gross Negligence
A grossly negligent action is one that falls grossly below the standard of care a reasonable person would exert in a given situation to ensure another person’s wellbeing. Grossly negligent actions differ from negligent actions in that they are considered significantly more careless.
Individuals who suffer harm from grossly negligent actions may be entitled to financial compensation for their injuries. Since a grossly negligent action is considered more severe than a negligent action, however, grossly negligent actions may yield greater compensation.
How Is Gross Negligence Determined?
Usually, the civil court that hears a negligence case will determine whether the act in question was grossly negligent. The first step in determining whether an act was grossly negligent is actually determining whether it was even negligent.
If the court decides that the act was negligent, then it will determine whether the specific act in question fell grossly below the standard of care expected of a reasonable person. To do this, the court may determine whether the actor:
- Acted to intentionally harm another person
- Knew the potential consequences of the act
If one of these criteria is true, then the person accused of negligence may be found guilty of gross negligence, meaning he or she will have to compensate the victim of the action.
Compensation for Gross Negligence
Compensation for negligence cases usually comes in the form of damages. Damages are monetary awards that an individual who has committed a negligent action must pay to his or her victims. The kinds of damages are:
- General – compensation for pain and suffering
- Special – compensation for expenses related to the accident
- Punitive – compensation for being the victim of gross negligence
In gross negligence cases, punitive damages are essentially fines for committing grossly negligent actions. Punitive damages are not awarded in general negligence cases.
Contact Us
People who commit grossly negligent actions should be punished for intentionally inflicting harm upon others. If you have been the victim of gross negligence, contact the Coral Springs personal injury lawyers of the Law Offices of Eric G. Canter, P.A., at 866-529-0022.