Degrees of Negligence in a Personal Injury Case
San Antonio Personal Injury Lawyers » Degrees of Negligence in a Personal Injury Case
What are the Differences Between Slight Negligence, Reckless Negligence, and Gross Negligence?
If you have been injured due to some other party’s conduct that fell below what would be considered the way that a normal person would behave under similar circumstances, then you may be able to file a lawsuit to recoup for the losses you have incurred. The party’s actions would be considered to be negligent, which may impose liability on them for any damages that result from their failure to act with the appropriate standard of care.
In order to establish negligence, there are certain elements that must be proven. Which elements must be proven hinges on the specific circumstances of your case and which theory or degree of negligence you will be claiming in your cause of action. You will need to use the most advantageous theory to your particular injury to ensure that you are able to recover. That is why it’s so important that you have an attorney that knows exactly how negligence works and what must be proven to ensure that your cause of action is successful. The attorneys at our Law Offices have been handling personal injury lawsuits based on negligence theories for over two decades in San Antonio and the state of Texas. Therefore, we have the necessary skill and training to ensure that you are able to receive the compensation that you truly deserve.
Degrees of Negligence
There are varying degrees of negligence that are legally actionable. Statutes and different judicial decisions have established these degrees. Therefore, you could have a defendant who was only slightly negligent compared to one that may be considered grossly negligent. This will differ depending on what type of conduct in which the defendant was engaging.
To illustrate, if the defendant is operating a common carrier (airplane pilot/bus driver) where there is a very high standard of care, then even a tiny bit of negligence could subject them to liability. Comparatively, if the defendant was driving a personal automobile then the amount of negligence needed to establish liability would need to be greater.
There are three general ‘degrees’ of negligence that have been accepted by courts.
This is the situation where the defendant is required to exercise a high duty of care like the common carrier, so only a small amount of negligent conduct will be required to establish liability.
This is a complete lack of care for the safety of the people around you that will almost certainly end up with someone being injured. An example would be driving over the speed limit or in a reckless manner in a school zone.
If gross negligence is necessary to impose liability you need a much higher degree of negligence than, for example, slight negligence. It will typically involve the kind of conduct that, taken under the circumstances, shocks the senses in how inappropriate or unreasonable it is.
As you can see there are several different routes that your potential lawsuit may take in the event that you are claiming that the party that caused you injury was negligent. As stated previously, there are differing elements of proof that must be established to be successful in these causes of action. The attorneys at our Law Offices have been handling personal injury lawsuits based on varying negligence theories of recovery for two decades and are fully capable of handling your claim for you. To discuss your potential lawsuit in greater detail, contact us or visit this website