Sustaining an injury as a result of someone else’s negligence can be incredibly upsetting, especially when preventative measures could have altered the outcome. When it comes to personal injury cases, it’s important to distinguish between ordinary negligence and gross negligence. If a defendant’s actions were so egregious in the eyes of the law, a plaintiff may be awarded punitive damages, which are intended to punish a defendant and deter future reckless behavior. Please continue reading as we explore what constitutes gross negligence in New Jersey and how our dedicated Essex County Personal Injury Attorneys can assist in your pursuit of justice.
How Does Ordinary Negligence Differ from Gross Negligence in New Jersey?
First and foremost, it’s crucial to understand that negligence occurs when a party fails to exercise the care expected of an ordinary person in that situation. This includes safeguarding others from foreseeable harm. It generally stems from simple mistakes or oversights. For instance, a motorist texting while driving causes a collision is an example of ordinary negligence.
Gross negligence, on the other hand, demonstrates a greater level of recklessness or carelessness. With ordinary negligence, a person might be unaware of the immediate threat, but in gross negligence, the person is aware of the risks but deliberately engages in misconduct regardless of the consequences. For instance, a motorist operates their vehicle while under the influence and causes a collision.
While ordinary negligence may lead to compensatory damages for losses, gross negligence can lead to both compensatory and punitive damages. Unlike compensatory damages, which are awarded to make the injured party whole again, gross negligence is intended to punish the defendant and deter future reckless behavior.
How Do I Prove Negligence in a Personal Injury Claim?
When it comes to a personal injury claim, there are several elements you must prove to succeed. With ordinary negligence, you must prove:
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty of care.
- The defendant’s breach of duty directly caused the plaintiff’s injuries.
- The plaintiff suffered actual damages.
Proving gross negligence is much more difficult. It requires proving that the defendant’s actions were not simply careless, but involved a conscious disregard for potetnial harm. This means you have to demonstrate a higher degree of wanton behavior.
If you or a loved one has suffered an injury due to someone else’s negligence, it’s in your best interest to speak to an attorney from The Law Offices of Christopher T. Howell, Esq. Our legal team is committed to helping our clients fight for the compensation they deserve. Connect with our firm to discuss your case and explore your legal options.
