Injuries resulting from negligence or gross negligence are compensable under Louisiana law. Sometimes, gross negligence opens the door to future damages or allows a victim to sue when they otherwise would have been barred by a liability waiver.
Negligence is the failure to exercise reasonable care. In contrast, gross negligence is the act of acting with willful and wanton disregard for others’ safety. Gross negligence does not automatically qualify you to receive punitive damages if you take your case to trial. Punitive damages are allowed only in drunk-driving cases and in other limited instances. In addition to their differences, there are similarities between negligence and gross negligence that can lead plaintiffs to confuse the two.
Call the Schoenfeld Law Firm’s New Orleans, LA personal injury lawyers at (504) 688-7760 for the free case review you need.
How Do Negligence and Gross Negligence Differ in Louisiana Lawsuits?
Negligence and gross negligence are both common causes of injury in Louisiana, but they are different concepts.
Ordinary Negligence
Ordinary negligence is the failure to exercise reasonable care in a given situation. This looks different from case to case and includes many different mistakes, errors in judgment, and oversights. Common acts of negligence include speeding while driving, not addressing tripping hazards on one’s property, and failing to yield to a biker’s or pedestrian’s right of way.
Most personal injury claims are brought based on ordinary negligence to obtain compensation for car crashes, slip and falls, and other incidents.
Gross Negligence
Gross negligence is the extreme departure from the standard of reasonable care. It involves a reckless disregard for others’ safety. Driving while under the influence of drugs or alcohol is a frequent example of gross negligence in personal injury lawsuits.
Gross negligence goes beyond a simple mistake or oversight and involves utter disregard for others’ safety.
Does Gross Negligence Entitle Plaintiffs to Punitive Damages in Louisiana?
In many states, being the victim of gross negligence makes you eligible for punitive damages in addition to compensatory damages. This is not automatically true in Louisiana, as punitive damages are only available in limited circumstances.
In general, Louisiana doesn’t allow punitive damages, even when a defendant is found liable for most acts of gross negligence. There are very few exceptions to this rule, such as drunk driving accidents.
There’s no statutory cap on punitive damages in Louisiana. However, awards rarely exceed 10 times the amount of compensatory damages.
What Are Similarities Between Negligence and Gross Negligence in Louisiana?
Despite the differences between ordinary negligence and gross negligence, there are notable similarities, such as the effect of shared faults and the mandatory elements plaintiffs must prove for successful claims.
Effect of Comparative Fault
The effects of comparative fault on lawsuits for ordinary negligence and gross negligence are the same. Louisiana is a pure comparative fault state. This allows victims to sue for damages even if they may have contributed to their injuries. Your involvement in the incident is weighed the same, whether you are bringing a claim based on ordinary negligence or gross negligence.
In either situation, damages are reduced based on the percentage of fault assigned to the plaintiff.
Elements to Prove
In any personal injury lawsuit, whether for injuries from ordinary negligence or gross negligence, plaintiffs must prove the same four fundamental elements.
The first element to prove is that the defendant owed you a duty of care. The second element to prove is that the defendant breached the duty of care they owed you. Third, our Louisiana personal injury lawyers must prove that the defendant’s breach directly caused your injuries, and fourth, we must prove that you have suffered damages from the accident.
Damages Available
In most Louisiana personal injury claims, only compensatory damages are available, whether the defendant is liable for ordinary negligence or gross negligence. Punitive damages are exceedingly rare in Louisiana injury lawsuits, so don’t assume you are automatically eligible after an accident due to gross negligence.
While the same kind of damages are typically available, victims of gross negligence might incur more non-economic damages than victims of ordinary negligence. While this is not always the case, gross negligence often causes catastrophic accidents and injuries that cause greater pain and suffering.
FAQs About Negligence vs. Gross Negligence
What is the Difference Between Ordinary Negligence and Gross Negligence?
The main distinction between gross negligence and ordinary negligence is the degree of carelessness and disregard for others’ safety. A small driving error could be considered ordinary negligence, whereas drunk driving would be considered gross negligence.
Can You Sue for Gross Negligence if You Signed a Liability Waiver in Louisiana?
You cannot waive your right to sue for injuries due to gross negligence. So, if you signed a liability waiver and were injured because of gross negligence or intentional misconduct, you may still file a lawsuit and seek compensatory damages.
When Can You Get Punitive Damages for Gross Negligence in Louisiana?
Louisiana only allows punitive damages in injury cases involving drunk driving, child sexual abuse, hazing activities, and domestic violence.
How Can You Tell the Difference Between Ordinary Negligence and Gross Negligence?
Rely on our lawyers’ experience to distinguish acts of ordinary negligence from acts of gross negligence so that you can bring a successful and accurate compensation claim.
Are Compensatory Damages for Negligence or Gross Negligence Limited?
Compensatory damages are not limited in personal injury claims for negligence or gross negligence in Louisiana.
What is Good Evidence of Negligence in a Lawsuit?
Strong evidence of negligence or gross negligence in a personal injury claim includes eyewitness statements, surveillance footage, medical records, photographs, and expert testimony. Collect evidence at the scene by taking photos that our lawyers can use in your lawsuit.
Get Our Help with Your Louisiana Injury Case
You can call our Lafayette, LA personal injury lawyers at (504) 688-7760 to get a free case discussion from the Schoenfeld Law Firm.
