When someone commits an action with reckless disregard for the safety of another and causes injury, their actions may fit the definition of gross negligence. According to Texas Civil Code (Sec. 41.001 (11)), gross negligence occurs when a person purposefully employs an extreme degree of risk by considering the probability their actions will cause harm and the magnitude of that harm to others but continues with the action anyway.
The person committing an act of gross negligence possesses an awareness their actions are risky but proceeds to act despite the harm that may follow to the welfare, safety, or rights of another individual.
Examples of gross negligence may include:
- A refinery operator’s failure to repair a leak after multiple notifications of damage results in a refinery explosion, causing workers significant burn injuries
- Drivers racing on city streets and striking a pedestrian with the right of way to cross a highway, resulting in severe injury or death
- A driver drinking excessively then choosing to drive home, causing a crash with significant injury and damages
Acts of gross negligence often result in severe harm and injury. In many cases, injuries resulting from gross negligence impact a Texas accident survivor for life. Gross negligence may lead to:
- Scarring or disfigurement
- Traumatic brain injuries
- Burn injuries that impact most of the body
- Amputation
- Wrongful death
- Paralysis or spinal cord injury
- Internal organ damage or failure
The compensation you may recover depends on the type of negligence a Pearland personal injury lawyer can demonstrate. Because the actual cost of damages resulting from gross negligence is rarely reflected in a settlement offer, pursuing a lawsuit in court may provide the full financial assistance necessary to seek the care and compensation you deserve.
Gross Negligence and Exemplary Damages
The court may determine that exemplary damages (Sec. 41.003) are owed to you when someone’s actions are grossly negligent. Exemplary damages serve to make an example of the negligent party and punish them for their actions. Exemplary damage awards are rare except when the court sees clear and convincing evidence the harm you suffered results from actions meeting one of the following standards:
- Fraud,
- Malice, or
- Gross negligence
Personal injury costs leave staggering financial impacts on society. According to the National Safety Council, preventable fatal and nonfatal injury-related incidents produce $1,283.5 billion in economic costs. Unintentional injuries lead to a loss in quality of life valued at $6,221.4 billion.
These costs can produce significant ongoing hardship for the victims without legal intervention.
Demonstrating negligence requires more than pitting one person’s word against another. Even after sustaining injuries, showing a causational relationship between your injuries and another person’s actions is the key to winning your case and receiving monetary acknowledgment of your suffering. Many injured Texans are unaware of the compensation owed them and settle for low settlement offers that fail to reflect their damages accurately.
Our personal injury attorneys at J.D. Silva and Associates, PLLC, possess a wide range of experience, allowing us to seek maximum compensation when proving negligence led to your damages. We found our services on solid educational backgrounds and the skills developed through assisting a diverse client base. We never back down from litigating a case in court to obtain the compensation owed to you as a result of negligence. Contact us today to learn more about how we can help you.