Being involved in an accident can be upsetting, as many times, the injuries and damages you have endured could have been avoided had the other party taken more care. However, in some instances, the conduct by the other party may be so egregious that you are entitled to even more compensation for the damages you’ve suffered. As such, if you have reason to believe you are the victim of gross negligence in Florida, the following blog explores these matters in further detail, as well as exploring the impact this can have on your case and the importance of working with a Broward County personal injury attorney to help you fight for the justice you deserve.
What Is Gross Negligence?
First and foremost, it’s imperative to establish what negligence means in the context of a personal injury case. Generally, negligence occurs when someone fails to exercise a duty of care to others, and that breach results in damages to the other party. For example, speeding that results in an accident is considered negligence, as it is the duty of drivers to follow the posted signs.
As such, gross negligence occurs when the behavior and actions of the defendant are so egregious that they no longer constitute carelessness. Instead, it is considered reckless, as they exemplified a complete indifference to human life and the safety of others.
For example, standard negligence would be someone who rear-ends the car in front of them because they were texting. However, gross negligence would occur if the same driver were speeding through a school zone after dismissal while they are texting, which results in an accident. This is because their actions are excessively reckless, as opposed to careless.
How Can This Impact the Outcome of My Case?
As mentioned, one of the key facets of gross negligence is that it is often punished more severely than traditional negligence. This means that in addition to the economic and non-economic damages you can seek, you are generally entitled to punitive damages as well. It’s imperative to note that punitive damages are not intended to compensate you for your damages; instead, they act as a punishment for the negligent party, as well as a deterrent to prevent this behavior in the future.
You should also note that in some instances, gross negligence can result in charges against the individual by the state if their conduct was illegal. If this is the case, you could potentially recover additional restitution depending on the outcome of the case.
When you are injured, fighting for the justice and compensation you are entitled to can be incredibly difficult. That is why it’s in your best interest to work with an experienced attorney with the Finizio Law Group. Our team understands the complications you can experience during this matter, especially while healing from the injuries you sustained. That is why our firm is committed to helping you fight for the compensation you deserve. When you need help, we’re here. Contact us today for more.
