Willful, Wanton, Gross, and Simple Negligence: What is the Difference?

The Law Offices of Morton J. Shuman, P.C. • April 22, 2021

When it comes to assessing the injury inflicted by one person upon another, it is helpful to know the differences between “negligence”; “gross negligence”; and “willful, wanton, reckless conduct” on behalf of the person being held liable. Ordinary negligence involves holding a person accountable to the “reasonable person” standard, which requires conduct that is in line with what a reasonably careful person would (or would not) do under similar circumstances. Gross negligence, which goes a step further, has been described as a heedless and palpable violation of legal duty to the rights of others. Willful, wanton, reckless conduct involves a knowing or intentional disregard of an unreasonable risk associated with a high degree of probability of causing substantial harm.


When a person causes someone else’s death through negligence or intentional harm, a “wrongful death” lawsuit may be brought against the responsible party. This claim is usually filed by a representative of the deceased’s estate on behalf of surviving family members and other affected parties. Proving such a claim involves the plaintiffs meeting the same burden of proof the victim would have had to meet had the victim lived. If the suit proves to be successful, the plaintiffs may receive compensation for the deceased person’s pre-death pain and suffering, the medical costs that the deceased victim incurred as a result of the injury prior to death, funeral and burial costs, loss of the deceased person’s expected income, and other losses.


A spouse may bring a wrongful death action on behalf of his or her deceased spouse, and parents of minors may bring a wrongful death action if one of their children is killed. Minors can collect compensation for the death of their parents.


Pecuniary, or financial, injury is the main measure of damages in a wrongful death action. Courts have interpreted “pecuniary injuries” as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses.


When you have a personal injury case, you want expert legal representation and advice. Call Mort Shuman at (508) 879-4040 and get the results you deserve.

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Personal Injury Attorney in Framingham You Can Trust

By The Law Offices of Morton J. Shuman, P.C. • November 4, 2025
Seeking out a personal injury lawyer after an accident can be overwhelming. With so many options, you may not know who to trust.  The Law Offices of Morton J. Shuman, P.C.  , has been serving the Framingham, MA, community for over sixty years. When you need an attorney,  The Law Offices of Morton J. Shuman, P.C.  has the record to prove our commitment.
Man injured at work, aided by a colleague.

Machinery-Related Injuries: Who’s at Fault When Equipment Fails?

By The Law Offices of Morton J. Shuman, P.C. • October 7, 2025
Workplaces throughout Massachusetts rely on heavy machinery and equipment to operate efficiently. In construction sites, factories, warehouses, and beyond, employees and contractors rely on machines every day to perform critical tasks. When equipment fails or malfunctions, the consequences can be devastating. Severe injuries, long recoveries, and lost wages are too common. After an accident, important questions can arise about who is legally responsible for injuries.
Motorcycle on its side in road, damaged.

Who’s Liable in an Electric Scooter Accident in Natick, MA?

By The Law Offices of Morton J. Shuman, P.C. • September 9, 2025
Electric scooters are becoming more and more common on the streets of Natick, MA, offering a convenient and eco-friendly way to travel short distances. As their popularity grows, so do questions about liability in the event of an accident. Unlike cars and motorcycles, e-scooters are not considered motor vehicles in Massachusetts. That distinction changes how accident claims are handled and who may be liable.
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Denied Workers’ Compensation Claims: What to Do Next

By The Law Offices of Morton J. Shuman, P.C. • August 8, 2025
If you’ve been injured at work and your workers’ compensation claim was denied, don’t panic–you still have options. Denials are more common than you might think, and with the best legal support, you may still receive the benefits you’re entitled to. At  The Law Offices of Morton J. Shuman, P.C.  , we help injured Massachusetts workers fight for compensation through the appeals process.
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Can You File a Claim if a Dog Injures You Without Biting?

By The Law Offices of Morton J. Shuman, P.C. • July 8, 2025
When most people think of dog-related injuries, they immediately picture dog bites–but there are other ways dogs can cause harm. In Massachusetts, you can pursue a personal injury claim even if a dog injures you without biting. At  The Law Offices of Morton J. Shuman, P.C.  , we help clients throughout Framingham, Natick, Marlborough, and Milford understand their rights when it comes to dog-related injuries.
Two people tending to a person on the ground, wearing a neck brace, mask, and construction vest.

Construction Site Accidents: Protecting Workers in Massachusetts

By The Law Offices of Morton J. Shuman, P.C. • June 6, 2025
Construction sites are among the most hazardous workplaces in Massachusetts. From falling objects to faulty equipment, workers face risks every day. When safety measures fail or negligence causes injury, the results can be life-changing or even fatal. At  The Law Offices of Morton J. Shuman, P.C.  , we help injured workers and their families understand their rights and pursue justice.