Accidents happen every day, often due to the negligence of someone in taking reasonable steps to prevent injuries to others. However, when an accident is so egregious, it can encompass a host of other issues. As such, if you have suffered an injury due to the gross negligence of another person, it’s critical to understand your rights in these matters. The following blog explores how traditional and gross negligence differ, as well as the compensation you are able to recover with the assistance of a Clinton, New Jersey personal injury lawyer.
What Is Gross Negligence in Personal Injury Cases?
In many instances, accidents are generally the result of another person’s careless actions. However, it’s necessary to understand that there are different levels of negligence. For example, you’ll find that any time a party does not uphold the duty of care that is expected of any reasonable person, it warrants negligence. If a driver miscalculates the speed of an approaching driver and turns left in front of the vehicle, thus causing a collision, it is considered negligent.
However, there are instances in which the perpetrator is so egregiously negligent that their actions demonstrate an obvious and willful disregard for human life. As such, this indifference warrants gross negligence. Essentially, any time a person should know that their actions could likely cause injury, they are acting grossly negligent. For example, if a driver gets behind the wheel of a car while intoxicated and drives through a route on which a bike race is occurring, this would constitute gross negligence.
What Damages Can I Recover if I’m Injured?
Generally, if you are injured due to the gross negligence of another person, you can recover two types of damages. The first are economic, which serve to help you recover the money you’ve lost due to medical bills, property damage, and even the wages you’ve lost while taking time off work to heal. In addition, you can seek compensation for the non-economic damages inflicted, which represent matters like mental anguish, humiliation, pain and suffering, and loss of enjoyment of life. You should note that it is more difficult to recover non-economic damages as they are subjective, whereas economic damages reflect the true monetary value of something.
However, one of the considerable differences in the compensation you can recover for the damages endured is punitive damages. It’s imperative to understand that these are not intended to act as compensation for the injuries or mental anguish you’ve suffered. Instead, this acts as an additional punishment for the negligent party, while also serving as a deterrent to themselves and others to avoid this action in the future.
Fighting for the compensation and justice you deserve after you are injured due to the egregious carelessness of another person can be incredibly difficult. That is why working with an experienced personal injury attorney is imperative in the fight for justice. At the Law Office of Craig M. Rothenberg, our dedicated legal team will do everything possible to help you navigate this process to fight for the best outcome for your circumstances. When you need help, contact us today to learn how we can assist you.