The Difference Between Standard Negligence and Gross Negligence in a Wrongful Death Lawsuit

Anton Nickloi    Wrongful Death    

Dallas wrongful death lawyer Michael Grossman has twenty years of experience in litigating wrongful death lawsuits against negligent employers. In every wrongful death case, correctly defining the type of negligence that allowed for your loved one to die is an important and foundational issue that is often a key point debated by the defense in order to have your case dismissed or your compensation package severely lessened. In order to make you more aware of the differences between standard negligence and gross negligence, Dallas wrongful death lawyer Michael Grossman offers the following information.

Standard negligence is what you likely assume it is: a momentary lapse in judgment or concentration that allows for an accident to happen. Standard negligence is likely to blame for a majority of car accidents, such as when a driver runs a stop sign, or causes a fender-bender because they were texting. Gross negligence differs in that the person responsible for the accident had to have known the risks posed by their actions (or inaction) before they proceeded to take the action resulting in an accident. In other words, the defendant was fully aware before the accident that their actions (or inaction) would result in an accident causing injury or death. A common example of gross negligence occurs when a drunk driver decides to drive. They are well aware that their behaviors could cause immense amounts of pain and loss prior to getting into a car and driving.

Proving a defendant guilty of standard negligence or gross negligence is often vital to a case because it can greatly affect the case’s outcome. For example, in Texas, an employer that does not subscribe to workers compensation only has to prove that their injured or deceased employee showed standard negligence in their accident in order to acquit themselves of any of their own negligent behaviors in their worker’s injury or death. On the other hand, plaintiffs seeking compensation against an employer that is covered by workers compensation must prove that the employer was guilty of gross negligence, such as allowing their now-deceased relative to work at great heights without proper safety equipment despite repeated warnings that such equipment was necessary. Proving gross negligence can be quite challenging since the plaintiff’s case must be very strong.

Negligence is a matter up for debate in every wrongful death lawsuit, so knowing the difference between standard negligence and gross negligence can help you ask better informed questions regarding your wrongful death lawsuit, regardless of your state of residence. Get in touch with Overchuck law firm to hire an experienced Orlando Wrongful Death Attorney. For 35 years John Overchuck has represented clients injured by defective and dangerous products, and many types of negligent conduct.

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