Negligence Vs. Criminal Negligence: What You Need to Know

Negligence is a legal term for grounds that establish liability in an injury case. It usually involves causing harm to a person by direct or indirect action. It can also mean property damage by failing to take reasonable care of dangerous items or failing to help someone in a threatening situation. The end result can range from damage, injury, or even death to the victim.

What Is Negligence?

The legal terms gross negligence and contributory negligence are used to define different things. According to experts, negligence implies not taking reasonable care of the property or causing harm by failing to do something.

Gross negligence involves intent to cause harm or a reckless disregard of consequences. Contributory negligence is charged against plaintiffs or defendants if they failed to take reasonable care to prevent an injury or property damage or their actions contributed to the likelihood of injuries taking place. However, criminal negligence reaches another level of liability.

What Is Reasonable Care?

Reasonable care is the legal standard often used to define negligence. It refers to the actions or level of care expected of an average adult citizen under the same circumstances as those in litigation. Reasonable care can be defined as actions or omissions that prevent harm or damages from occurring.

What Is Criminal Negligence?

Criminal negligence is so severe that it usually triggers criminal prosecution. Individuals, companies, and government officials can be charged with criminal negligence in lawsuits. Examples of criminal negligence might include events that caused massive public injuries or deaths. Some other examples include:

• Texting while driving at high speed
• Leaving a child in a locked car in hot weather
• Firing a weapon into the air at a crowded celebration

According to a study, criminal negligence is not charged nearly often enough. Furthermore, criminal cases are not usually prosecuted. The article makes the case that prosecutors are often more concerned with punishing victimless crimes than punishing those who take unreasonable risks resulting in massive harm.

Winning a Lawsuit on Grounds of Negligence or Criminal Negligence

Criminal negligence results in higher settlements and awards in lawsuits, while gross negligence cases usually receive higher awards. Here are the main elements that need to be addressed in a lawsuit:

Duty of Care

This is a legal obligation shared by everyone to prevent any foreseeable harm or injury to property or person. The plaintiff must prove that reasonable people would consider it the defendant's duty to act (or fail to act) in a way that resulted in someone injured or their property being damaged.

Breach of Care

The breach of care comes into the legal discussion when a person’s action (or lack of action) causes injury to another. However, there are a few crucial details to consider. The said accident has to be foreseeable and preventable by reasonable measures. In this case, the plaintiff charges the defendant with breaching the duty by action or inaction.

Causation

The plaintiff must prove beyond a reasonable doubt that the action or inaction of the defendant caused them the injury. To establish a clear link it is crucial to consult a medical expert shortly after the accident and document the scene (by taking photos and videos).

Damages

Keep a record of any documents that are somehow linked to the incident in question. Collect all your medical bills, test results, papers from a mental health therapist, and anything else that might be relevant.

Getting Help for Your Negligence Case

If you are injured or sustain property damage resulting from negligence, your first step should be hiring a Pittsburgh personal injury lawyer. Many experts agree to work on a contingency basis in cases of negligence, gross negligence, or criminal negligence.

That means if you do not get a settlement or court award for your injuries, you do not have to pay your attorney. The initial consultation is usually free as well. Nothing is holding you back from making a phone call and having a talk about your case with a legal expert.