Many personal injury cases result from the actions of another party. There are various types of fault that can be established in a personal injury suit, including gross negligence. This is an extremely serious accusation – if you believe your injuries are the result of gross negligence, it’s essential to work with a personal injury attorney like Gregg Durlofsky Law Offices that can build a strong case. Read on to explore the concept of gross negligence and how our team can help you get your rightful personal injury compensation.

Gross Negligence Explained

Negligence is a common term used to refer to an individual’s failure to exercise reasonable care in a situation where someone else might suffer harm as a result. Gross negligence is a higher standard of disregard and goes beyond mere negligence. It requires that the defendant acted with willful indifference, conscious disregard or reckless indifference toward the rights and safety of another person. When gross negligence is proven by a legal firm, the defendant may be held liable for any losses or injuries suffered by the plaintiff.

Gross Negligence vs. Ordinary Negligence

The key difference between ordinary negligence and gross negligence is intent. Ordinary negligence requires that the defendant exercised a reasonable duty of care but failed to meet that standard. Gross negligence, on the other hand, requires that the defendant acted recklessly or deliberately disregarded the rights or safety of another person. In other words, with ordinary negligence there must have been a duty to protect the plaintiff and a breach of that duty, but with gross negligence there must also be an intentional or reckless disregard for safety.

Examples of Gross Negligence

Driving: If a driver fails to follow the speed limit and causes an accident, it would generally be deemed ordinary negligence. However, if he was speeding at twice the legal limit on a busy highway, he may be found to have acted with gross negligence.

Medical Malpractice: A doctor may be found to have acted with gross negligence if they give a patient a medication that their records indicate they are allergic to.

Slip and Falls: A business owner or supervisor observes a slipping or tripping hazard on their property, but deliberately does not take action to fix the problem. If a patron slips and falls, they may be found to have acted with gross negligence.

Proving Gross Negligence

It can be very difficult to prove gross negligence because it requires showing that the defendant acted intentionally or recklessly. In order to prove intent, it is often necessary to show that the defendant had actual knowledge of a certain danger and still chose to ignore it. Additionally, in some cases other forms of negligence must be ruled out before gross negligence can be established. At Gregg Durlofsky Law Offices, our experienced attorneys have the knowledge and skill to determine whether gross negligence is present in a case.

Contact Our Personal Injury Attorney Today

If you believe you have experienced harm due to another’s gross negligence, you may be entitled to compensation. To discuss your case, contact Gregg Durlofsky Law Offices today. Our attorneys are ready to fight for your rights and work towards the best possible outcome for you.