Most personal injury claims in Colorado are based on negligence. However, there is a difference between ordinary negligence and gross negligence. These two legal concepts are often confused, but they represent different levels of wrongdoing and can impact the potential damages awarded in a case.
Overview of Ordinary Negligence
Ordinary negligence is the basis for most personal injury claims and the type of negligence most people envision when they are discussing the concept. It occurs when someone fails to exercise the level of care that a reasonable person would have used in similar circumstances and causes harm or injury.
For example, if a driver runs a red light and causes a car accident in Centennial, Colorado, that’s a classic case of ordinary negligence. The driver didn’t intend to cause harm, but their failure to follow traffic laws and drive with reasonable care led to another person’s injury.
To establish ordinary negligence in Colorado, a plaintiff must prove four elements:
- The defendant owed a legal duty to the plaintiff.
- The defendant breached that duty by acting or failing to act.
- The breach directly caused the plaintiff’s injury.
- The plaintiff suffered actual harm as a result.
If any element is not present, then negligence has not occurred.
Overview of Gross Negligence
Gross negligence goes beyond a simple failure to exercise reasonable care. It involves a willful disregard or reckless indifference to the safety and well-being of others. In legal terms, it is considered a more serious form of negligence, bordering on intentional misconduct. Gross negligence implies a conscious decision to ignore known risks.
An example of gross negligence would be a nursing home staff member knowingly ignoring a resident’s need for medical attention.
In Colorado, courts often describe gross negligence as an “extreme departure” from the standard of care that a reasonable person would exercise.
Negligence and Colorado Personal Injury Cases
The distinction between ordinary and gross negligence can have significant impacts in a personal injury case.
In most personal injury cases, plaintiffs seek compensatory damages, which is composed of economic and non-economic compensation for medical bills, lost wages, pain and suffering, and other losses. However, if gross negligence is at issue, a plaintiff may also be entitled to punitive damages. These damages punish the defendant for extreme misconduct and attempt to deter similar conduct in the future.
Both ordinary and gross negligence must be proven by a preponderance of the evidence in civil court. Gross negligence often requires compelling evidence, such as documentation, expert testimony, or witness statements that show the defendant acted with conscious indifference.
Contact an Experienced Colorado Personal Injury Lawyer for Help Proving Negligence
If you or a loved one has been injured due to someone else’s actions in Colorado, you may have a negligence case. An experienced Centennial personal injury attorney can help you determine if ordinary negligence or gross negligence is at play. They can also help you gather the evidence you need to prove the elements of negligence.
Contact Legal Help in Colorado to schedule a free consultation to learn more about your case.