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Ordinary vs. Gross Negligence in DC Personal Injury Cases

January 21, 2021


 

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Ordinary vs. Gross Negligence Lawyer Washington DC

In the legal world, negligence is an important concept. To be negligent in the eyes of the law means that you have breached your legal duty, and it has harmed another. 

In this post, we’ll be going over two commonly misunderstood types of negligence: ordinary, and gross.

Ordinary negligence is a careless mistake. It’s not paying attention. For example, let’s say a cook doesn’t cook a piece of meat all the way through, and the customer becomes sick from it. The cook did not mean to cause harm to the other person. However, under the eyes of the law, he can still be held legally responsible. That’s ordinary negligence.

Gross negligence, sometimes known as culpable negligence, is much more severe. It is the reckless disregard for the safety of others. It is something that will likely cause serious harm, and that should reasonably have been foreseen. One of the more famous gross negligence cases occurred in Florida. It was a medical malpractice case – Allan Navarro v. Michael P. Austin. Mr. Navarro wentOrdinary vs. Gross Negligence Lawyer Washington DC to the emergency room complaining of nausea, headaches, and dizziness. The doctors were told that the family had a history of strokes. He was diagnosed with sinusitis and prescribed painkillers. The next day, he returned to the hospital with more severe symptoms, and spent the following three months in a coma. Mr. Navarro had suffered a stroke, and is now permanently disabled. The settlement was for $217 million.

There are four items to check off to establish negligence. They are (1) duty (2) breach (3) causation and (4) harm. “Duty to care” is a term that, according to Alllaw.com, refers to the responsibility that one person has to avoid causing harm to another. A doctor has a duty to care – safely and thoroughly – for his or her patient. In the case above, the doctor had a duty to accurately prescribe medicine. By accidentally prescribing a medicine that you are allergic to, there was a breach of duty. The harm was the severe allergic reaction. Now, to prove negligence, it has to be shown that the medicine was what caused the severe allergic reaction. 

Damages (monetary compensation collected from the other party) in a case can vary. They depend on a variety of factors, including the nature of the injury, property damage, and more.

If you have suffered an injury that you believe was the result of negligence, contact the experienced attorneys at Cohen & Cohen for a free case evaluation!

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M Strolle
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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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Tanea washington
33 days ago
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Gabriel anteneh
46 days ago
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
53 days ago
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
66 days ago
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
69 days ago
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
82 days ago
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
89 days ago
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
90 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
95 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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