Knowing the difference between culpable negligence and simple negligence can be important if you or someone close to you has been hurt because of what someone else did or failed to do. Are you interested in learning about these two types of negligence and what separates them? This negligence attorney in Zephyrhills, Florida is going to explain below.
What is simple negligence?
Simple negligence (also called ordinary negligence) happens when someone does not take the care that most people would in a similar situation. There is no intent to harm, and the person is not trying to hurt anyone. It is a mistake or oversight that ends up hurting someone.
For example, a driver might be distracted by their phone and run a red light, causing a small crash. Or a store owner might forget to clean a spill, and then a customer slips and gets hurt. These are both examples of simple negligence. The harm was not on purpose, but it happened because someone did not take proper care.
If someone is hurt by simple negligence, they can usually file a civil lawsuit.
What is culpable negligence?
Culpable negligence is much more serious. Under Florida law, it means that someone showed a complete disregard for the safety or lives of others. It is not just a mistake. It is reckless behavior that any reasonable person would see as dangerous.
For example, someone driving extremely fast through a neighborhood where children are playing. Or leaving a loaded gun where a child can easily reach it. These actions show no concern for how much harm they could cause.
Culpable negligence can also lead to criminal charges under Statute § 784.05. If someone puts another person in danger this way, they can be charged with a second-degree misdemeanor. If someone is injured, the charge can increase to a first-degree misdemeanor.
Why should you know the difference?
If you or someone you love has been harmed, knowing whether it was simple or culpable negligence can shape your legal case. It can affect what kind of case you bring and what compensation you might receive.
One big difference is the burden of proof. In civil cases about simple negligence, you only need to show that it is more likely than not that the other person caused your harm. But in criminal cases about culpable negligence, the state must prove beyond a reasonable doubt. This means the jury must be very sure the person is guilty based on the evidence.
Culpable negligence can also lead to punitive damages in civil cases. These damages punish the wrongdoer and aim to stop others from doing the same thing. Courts award punitive damages on top of compensatory damages. And the amount of punitive damages is usually limited to a multiple of the compensatory damages, usually up to four times.
An experienced negligence attorney in Zephyrhills, Florida will know how to build a strong case and pursue all proper remedies, including the possibility of punitive damages where warranted.
What should you do if you suspect negligence?
If you or someone close to you has been hurt, and you believe it was because someone else was careless or reckless, talk to a lawyer without wasting time. Whether it is simple or culpable negligence, acting quickly is important.
Florida law sets strict deadlines for filing a claim. Under Chapter 95.11, most personal injury cases based on negligence must be filed within two years. Some other cases, like those involving fraud or intentional harm, may have different deadlines.
Key evidence can also disappear fast. If you miss the deadline, you may lose your right to file a case. In these situations, an experienced negligence attorney in Zephyrhills, Florida can help you understand your rights. They will also explain what steps to take and whether punitive damages may apply.
Looking for a Negligence Attorney in Zephyrhills, Florida?
Are you looking for an experienced negligence attorney in Zephyrhills, Florida who can help you understand your options and fight for the justice you deserve? If so, Tonya Stewart and her legal team at Tonya Stewart Law PA are ready to help. Contact us today at (863) 279-4473 to get started.