Gross Negligence Accidents

Some personal injury lawsuits are based on gross negligence.  Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which can arise in medical malpractice lawsuits, which is likely to cause foreseeable grave injury or harm to persons, property, or both. It is conduct that is extreme when compared with ordinary negligence, which is a mere failure to exercise reasonable care.  Ordinary negligence and gross negligence differ in degree of inattention, while both differ from willful misconduct.  If gross negligence is found to be the cause of the accident, it can result in the award of punitive damages in addition to general and special damages.

Gross Negligence in Lawsuits

Negligence serves as the primary basis for determining liability in personal injury law. Comparative negligence is applied to a situation where each party involved is responsible for some degree of negligence. For example, a driver is traveling down the road 10 miles an hour over the speed limit.  A pedestrian crosses the street, but does not use the designated crosswalk.  The vehicle strikes the pedestrian injuring them.  A jury may determine that both parties are equally at fault.

Contributory negligence laws are much more strict in determining liability allowing for damages.  Under this rule of law, if a party suffers injury due to his or her own partial negligence, they are precluded from recovering any damages.

Help from a Lawyer

When you are injured in an accident where recklessness or willful misconduct was to blame, you may have a case for a personal injury lawsuit.  In most states, an injured party generally has three years from the date of the accident in which to start the case.  This is called the statute of limitations.  Therefore, it’s best to contact an attorney right away to evaluate your case.