The difference between ordinary and gross negligence in Nevada comes down to the degree to which the defendant has acted without care. All successful personal injury claims involve some degree of negligence, but only some involve gross negligence, or a lack of care that demonstrates reckless disregard for the safety or lives of others.
The legal team at H&P Law can give you more information about different kinds of negligence and how they can affect your legal claim. You can learn more by reaching out to a Las Vegas personal injury lawyer for help.
Understand the Difference Between Ordinary and Gross Negligence
Individuals display “ordinary” negligence when they fail to act with reasonable care and end up harming another party. For example, a driver who decides to ignore a stop sign and ends up rear-ending another motorist displays an ordinary level of negligence.
Individuals display “gross” negligence, on the other hand, when they engage in reckless or malicious behavior that blatantly ignores the safety and well-being of others. For example, a driver who gets behind the wheel after drinking all night and ends up causing a major accident may display gross negligence.
Basically, understanding the distinct definitions of ordinary and gross negligence comes down to a matter of the degree of severity for the at-fault party’s lack of care. The team at H&P Law can tell you more about both types of negligence.
Determining if Someone Demonstrates Ordinary or Gross Negligence
In order to determine the type of negligence displayed in a personal injury case, the team at H&P Law will need to investigate all of the facts about the incident. A personal injury attorney may need to:
- Question eyewitnesses
- Review accident reports
- Look for video footage of the incident
- Work with accident reconstruction specialists
An attorney will look for proof that the at-fault party failed to behave like a reasonable person. Generally, a lawyer needs to establish that:
- The liable party owed you a duty of care
- The liable party failed to uphold their duty
- The liable party’s actions directly caused your injuries and financial losses
It’s crucial that you get help right away to establish the facts about an accident and to collect evidence that directly connects to the at-fault party’s negligence so that your attorney can focus on helping you make a full financial recovery.
Establishing negligence can force the at-fault party to pay for your medical bills, lost income, property damage, and non-economic damages. Your non-economic damages can include your emotional distress, mental suffering, and even physical pain.
Frequently Asked Questions About Negligence in Nevada
The legal team at H&P Law can answer any questions you have about the legal definition of negligence and your personal injury claim, including:
Why should I care about gross and ordinary negligence?
Negligence matters because it determines if you can secure compensation to cover your losses after an accidental injury. Individuals who harm others through negligence have a legal duty to cover their expenses, including their medical bills and lost income.
Your attorney will need to establish negligence in order to successfully resolve your personal injury case.
Do gross and ordinary negligence connect to comparative negligence?
Comparative negligence has to do with your degree of fault for an accident and can impact how much compensation you receive after an accident. Nevada’s laws on comparative negligence mean that the court can reduce your compensation based on your percentage of fault for an incident.
Can I get punitive damages after an accident involving gross negligence?
The court may award you punitive damages after an accident that involves gross negligence. Punitive damages act to punish the party that caused your accident, instead of covering your actual damages.
Your attorney can review your circumstances and help you determine if you qualify for this form of compensation after an accident.
Do I have to prove negligence right away?
Your attorney will have to establish negligence for your accident before you can get compensation for your losses. Additionally, you’ll have to establish negligence and file a lawsuit before Nevada’s personal injury statute of limitations expires.
Generally, our state gives you two years to file a lawsuit after an accident caused by someone else’s negligence, though this deadline can vary.
Talk to Us About Negligence and Your Personal Injury Claim
Do you need help understanding the difference between ordinary and gross negligence? Our team at H&P Law can give you more information, explain the concept of negligence, and assist with all legal matters after an accidental injury.
We understand what you’re going through after an accident caused by a careless person, and we’re ready to fight to bring you the compensation you need to cover your economic and non-economic damages.
We have over six decades of combined experience and the resources necessary to stand up for you. Contact us now so we can begin working on your legal claim.
