Gross Negligence Claims in Denver
Gross negligence is usually defined as “the failure to exercise even the slightest amount of care.” This differs minutely from negligence, which is a breach of a duty of reasonable care that results in injury to another person.
When a person is found guilty of gross negligence, it is generally believed that they should have realized the danger associated with their actions. Often, it involves the deliberate disregard for another individual’s safety.
Gross negligence typically involves unintentional acts. It can, however, include intentional conduct spawned by the reckless nature of the activity.
Examples of Gross Negligence
Because of the obvious dangerous, or unreasonable nature of the defendant’s actions, a gross negligence claim is usually easier to prove.
Examples of gross negligence can include:
- A motorist speeding through a parking lot where pedestrians are present
- An elderly patient having food and water withheld for several days by a negligent caregiver
- The amputation of the wrong limb by a surgeon
The consequences of ordinary negligence claims are typically restricted to compensatory damages. Compensatory damages are monetary payments made to victims to recompense them for their losses. These losses may include lost income, medical expenses, such as hospital bills, and occasionally court costs.
Conversely, damages in a gross negligence lawsuit may include some damages not available in a normal negligence claim. In some jurisdictions, punitive damages in particular, may be available to the plaintiff.
Punitive Damages in a Gross Negligence Case
The intent of punitive damages is to discourage the defendant, or other would-be offenders, from participating in such risky behavior. Because negligence is based on unintentional acts, punitive damages are not typically available. In a gross negligence claim, however, punitive damages may be awarded due to the especially dangerous and egregious acts of the defendant.
Often, punitive damages can result in very high monetary awards- sometimes as much as three times the amount of compensatory damages awarded. Some states, however, place restrictions on the amount of punitive damages that can be collected.
Pursue a Gross Negligence Claim with a Skilled Injury Lawyer!
Typically, gross negligence claims require immediate attention due to the extreme losses involved. The assistance of an experienced Denver personal injury attorney will be necessary for a gross negligence claim. He or she will be able to address any uncertainties regarding the difference between negligence and gross negligence.
The injury attorneys from our firm, Denver Trial Lawyers ®, will also be able to represent you in court and present your case in a powerful manner. To date, we have obtained more than $350 million on behalf of our clients and are backed by 175 years of combined experience.