Gross Negligence in Texas

Recognizing gross negligence in personal injury cases.

The essential element in any personal injury case is proving negligence. This is not always easy for a layperson to understand, but the lawyer must be able to prove that negligence occurred. What is even more difficult is being able to make the differentiation between simple negligence and gross negligence.

Negligence vs gross negligence.

When it comes to personal injury, it is essential for the lawyer to be able to prove negligence. Even more difficult a task is being able to determine whether the case in question involves ordinary negligence or gross negligence. While this particular aspect of the case is more important for the attorney, it’s good for the victim to understand the difference between these two types of negligence. For example, in a work injury where workers’ compensation is present, your ability to sue may hinge upon whether gross negligence occurred or not.
Negligence occurs when a person, company or organization does something that shows incompetence or performs in a manner that falls below the level of standard performance. When this below par performance causes harm to another person, that constitutes an act of negligence.
Gross negligence is a much more serious type of negligence that goes beyond a person or organization just showing carelessness. Instead of the performance simply falling below a reasonable standard of care, gross negligence is a party’s complete failure to provide proper care which actually shows a willful disregard for the safety of another person.

The element of proof.

When bringing a personal injury claim or lawsuit, it is up to the lawyer to prove the existence of negligence. The first two things that are necessary are:

• Establishing a duty of care between the negligent party and the injured party.
• Establishing the negligent party breached that duty to provide reasonable care.

While this may appear to be a simple process, that is certainly not always the case. It can be quite difficult to prove gross negligence since it must be a willful act where the negligent party did something it knew could cause injury to another person. For example, if a limousine company sends a driver to pick up passengers in a vehicle it knows has faulty brakes, and the driver has an auto accident that results in injuries to those passengers, the company may indeed be guilty of gross negligence since it knew of the problem and willfully disregarded it.
Unfortunately, most cases involving gross negligence are not simple. The lawyer must conduct a great deal of research in order to assess the level of negligence that is involved, whether gross negligence or ordinary negligence. Many times a case that originally appears to be gross negligence, is ultimately considered ordinary negligence because there is simply not enough evidence to support a claim of gross negligence.
If you have been injured because of the negligence of another party, you may wish to speak to one of our personal injury lawyers. Our office can provide a free assessment of your case and determine whether gross negligence occurred. In order to speak with one of our legal representatives, fill out the email form or call our office at (214) 651-6100.