[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.zimmetzimmet.com\/blog\/ordinary-negligence-vs-gross-negligence-in-a-florida-personal-injury-lawsuit\/#BlogPosting","mainEntityOfPage":"https:\/\/www.zimmetzimmet.com\/blog\/ordinary-negligence-vs-gross-negligence-in-a-florida-personal-injury-lawsuit\/","headline":"Ordinary Negligence vs. Gross Negligence in a Florida Personal Injury Lawsuit","name":"Ordinary Negligence vs. Gross Negligence in a Florida Personal Injury Lawsuit","description":"Unless you work in the legal field, there\u2019s a good chance that you don\u2019t know the differences between\u00a0ordinary negligence and gross negligence. While this isn\u2019t a big deal on a day-to-day basis, it\u2019s something that you need to understand should you find yourself needing to\u00a0file a personal injury claim. Why it\u2019s important to know the...","datePublished":"2021-01-14","dateModified":"2025-01-03","author":{"@type":"Person","@id":"https:\/\/www.zimmetzimmet.com\/blog\/author\/zimmet\/#Person","name":"Zimmet & Zimmet","url":"https:\/\/www.zimmetzimmet.com\/blog\/author\/zimmet\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/3010bdac5ced5112b2840e84f5233c0b7d763a33cb3d5b6de07a5a4b44884d69?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/3010bdac5ced5112b2840e84f5233c0b7d763a33cb3d5b6de07a5a4b44884d69?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Zimmet & Zimmet","logo":{"@type":"ImageObject","@id":"https:\/\/www.zimmetzimmet.com\/wp-content\/uploads\/2024\/11\/footer-logo-blue.svg","url":"https:\/\/www.zimmetzimmet.com\/wp-content\/uploads\/2024\/11\/footer-logo-blue.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.zimmetzimmet.com\/wp-content\/uploads\/2021\/01\/Zimmet-blog-post_ordinary-vs-gross-negligence-scaled-1.jpg","url":"https:\/\/www.zimmetzimmet.com\/wp-content\/uploads\/2021\/01\/Zimmet-blog-post_ordinary-vs-gross-negligence-scaled-1.jpg","height":1707,"width":2560},"url":"https:\/\/www.zimmetzimmet.com\/blog\/ordinary-negligence-vs-gross-negligence-in-a-florida-personal-injury-lawsuit\/","about":["Personal Injury"],"wordCount":783,"articleBody":"Unless you work in the legal field, there\u2019s a good chance that you don\u2019t know the differences between\u00a0ordinary negligence and gross negligence.While this isn\u2019t a big deal on a day-to-day basis, it\u2019s something that you need to understand should you find yourself needing to\u00a0file a personal injury claim.Why it\u2019s important to know the difference between ordinary and gross negligenceRegardless of the type of\u00a0personal injury claim you\u2019re filing, the ability to\u00a0prove negligence\u00a0is important to\u00a0obtaining compensation for your damages.Negligence, as a whole, has\u00a0two elements:Duty of careBreach of that duty of careDuty of care\u00a0is simple to understand: It is the\u00a0responsibility that someone has to prevent harm\u00a0to someone else.This leads to establishing a breach of duty of care, which means\u00a0proving that the person who caused the accident\u00a0acted in a negligent manner.For example,\u00a0truckers and truck companies are responsible for properly loading their vehicles\u00a0to prevent an accident or losing a load on the roadway.Should the truckers neglect to do so, then\u00a0they breached their duty of care.\u00a0Anyone who was injured by the trucker\u2019s breach can\u00a0seek legal compensation\u00a0for injuries and other damages.Ordinary negligence vs. gross negligence in a Florida injury lawsuitNow, it\u2019s time to learn more about the\u00a0two types of negligence: Ordinary and gross.Here\u2019s how USLegal\u00a0defines each type of negligence.Ordinary negligenceOrdinary negligence\u00a0is the failure to act as a reasonably prudent person. It is the failure to exercise\u00a0such care as the great mass of mankind ordinarily exercises\u00a0under the same or similar circumstances. Ordinary negligence is the want of exercise of ordinary care.Gross negligenceGross negligence\u00a0involves a\u00a0reckless disregard for the safety of others,\u00a0and may be the\u00a0basis for an award of\u00a0punitive damages, in addition to general and special damages. It typically involves intentional or willful indifference or lack of care. Gross negligence is a\u00a0failure to use even the slightest degree of care.The main takeaway is that\u00a0ordinary negligence\u00a0refers to careless mistakes, such as\u00a0changing lanes without using a turn signal. Conversely, gross negligence\u00a0is a conscious and willful disregard for others, such as\u00a0drag racing on an interstate.Examples of ordinary negligence vs. gross negligence in a lawsuitThere can be some\u00a0gray areas when comparing ordinary and gross negligence,\u00a0often making it difficult to determine which type was at play in your accident. That\u2019s why it\u2019s critical to\u00a0consult with an experienced personal injury attorney\u00a0if you find yourself managing the aftermath of an accident.Let\u2019s look at\u00a0three examples\u00a0to help clear the air:A\u00a0truck driver falls asleep at the wheel\u00a0as a result of excessive fatigue caused by their job. This could lead to the accusation of\u00a0ordinary negligence.\u00a0Conversely, if a\u00a0trucking company purposefully sets a schedule that\u2019s impossible to meet and a driver crashes\u00a0trying to meet these impossible deadlines, it\u2019s\u00a0gross negligence by the company.A driver approaching an intersection doesn\u2019t pay attention to the traffic light, thus\u00a0running through a red light\u00a0and causing an accident. This is\u00a0ordinary negligence.\u00a0But if that same\u00a0driver speeds up to \u201cmake\u201d the light and subsequently crashes\u00a0into a group of pedestrians,\u00a0it\u2019s gross negligence.A store owner or employee\u00a0fails to display a \u201cwet floors\u201d sign\u00a0after a cleaning. This leads to a customer\u00a0slipping, falling, and suffering an injury. As this was a mistake, it\u2019s considered\u00a0ordinary negligence.An injury attorney will determine the type of negligence in your caseIt never hurts to know the basic differences between\u00a0ordinary negligence and gross negligence.\u00a0This type of knowledge will help you better understand the cause of the accident and the approach your legal team will take.But even if you have an idea of\u00a0what type of negligence was involved in your accident,\u00a0you don\u2019t have to go any deeper than that. Instead, rely on the expertise of an\u00a0experienced injury attorney\u00a0to review the circumstances of the accident and determine the best path forward.Daytona Beach personal injury lawyers\u00a0are skilled at the art of creating an\u00a0effective legal strategy that puts you in the best possible position to receive compensation for your injuries\u00a0and other damages.\u00a0Contact Zimmet & Zimmet injury attorneys online\u00a0or\u00a0give us a call today\u00a0to schedule your\u00a0free consultation.Have you been injured in an accident or fall? Do You have question and want to know your legal options. Call 386-255-6400 for a free consultation and remember there is NO FEE unless WE Win."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.zimmetzimmet.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Ordinary Negligence vs. Gross Negligence in a Florida Personal Injury Lawsuit","item":"https:\/\/www.zimmetzimmet.com\/blog\/ordinary-negligence-vs-gross-negligence-in-a-florida-personal-injury-lawsuit\/#breadcrumbitem"}]}]