Ordinary vs. Gross Negligence in DC Personal Injury Cases

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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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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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June 3, 2022.
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May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
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May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.