Negligence lies at the heart of any Texas personal injury case. It’s a broad concept that encompasses a wide variety of behaviors and choices, but not all negligent behavior is considered equal under the law.

The law applicable in personal injury cases distinguishes between ordinary negligence and gross negligence. Both types of negligence share some common features, but the contribution of one or the other in your case can significantly affect your recovery.

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Negligence and the Duty of Care

Ordinary and gross negligence both describe behaviors that are careless. Someone acts negligently if a reasonably careful person wouldn’t have behaved the same way under the same circumstances.

Some of the factors a court will consider when deciding if a defendant is negligent include:

  • The person’s age and level of education
  • Any special skills or training the person possesses
  • The tools and resources the person has
  • The amount of time the person had to make a decision

The court will also consider the specific facts of the situation that caused the injury. For example, an individual may be found negligent if they make a careless choice in a calm environment and time to think things through. The same choice might not be deemed negligent if the environment was chaotic and life-threatening.

Put differently, each person has a legal obligation to avoid endangering others. This is known as the “duty of care.” Negligent behavior refers to actions and choices that violate this duty of care.

Intent Matters When Evaluating Negligence

A person’s intentions determine whether negligence is “ordinary” or “gross,” not merely their actions.

Ordinary negligence consists of acts by someone who doesn’t adequately consider the decisions they make and the consequences those decisions can have.

By contrast, gross negligence refers to a negligent act committed by someone who doesn’t care about risks. It is a greater violation of the standard of care that any reasonable person is supposed to exercise in the same situation. In other words, gross negligence places others at an even more unreasonable risk.

For example, exceeding the speed limit is almost always considered negligent behavior. However, there’s a difference between a driver who accidentally exceeds the limit by a few miles per hour because they aren’t paying attention, versus someone who’s distracted by their phone while driving on a busy highway—especially when the person on the phone knows they shouldn’t be using it.

In these scenarios, the first driver is committing ordinary negligence, and the second driver is engaged in gross negligence.

The difference between the two comes down to the callous attitude of the second driver. Speeding while distracted careless, but it also shows a “conscious disregard” for the risks involved.

Ultimately, it’s up to a judge or jury to determine whether a defendant’s actions amount to ordinary or gross negligence.

How Ordinary vs. Gross Negligence Might Affect Your Personal Injury Case

When you’re hurt due to ordinary negligence, you stand to recover your losses through a personal injury lawsuit. These losses could be financial (like medical expenses), or they could be based on things that are more difficult to calculate (like emotional distress). They may include the following:

  • Medical expenses and future care costs
  • Lost wages
  • Diminished future earning potential
  • Damage to personal property
  • Loss of enjoyment of life
  • Other financial, physical, and emotional harm

The damages you seek as part of a lawsuit must usually be supported by evidence. Medical bills and invoices, statements from treatment providers, and wage statements are some of the ways you and your attorney may decide on the amount of compensation you should receive for your injuries.

In a case involving gross negligence, punitive damages may also be available. Punitive damages aren’t intended to compensate the plaintiff. Instead, they are a form of punishment against the negligent party for needlessly endangering others.

Punitive damages are also meant to frighten others from committing similar acts in the future—but they aren’t available in all cases of gross negligence. A court will decide whether to impose punitive damages and how high they should be.

Establishing the Type of Negligence at Play in Your Case

Personal injury cases involving gross negligence tend to settle more quickly and for higher amounts. This is because the behavior is often a clear violation of the duty of care and also because the court may impose high punitive damages.

A skilled personal injury attorney can conduct a thorough investigation into your case and gather evidence that shows not just how and why the accident happened, but what the negligent actor was likely thinking at the time. From there, your attorney can assist you in understanding what your case is worth and what a just award might look like.