Gross Negligence in Personal Injury Claims

Imagine you were due for a simple medical procedure. You get to the hospital, and the attending doctor is visibly intoxicated, has shaky hands, and speaks incoherently. The procedure is nevertheless performed. As a result of the condition of the physician, you sustained healthcare-associated infections (HAIs) that leave you hospitalized for days on end. 

There are numerous situations like the one described above. Say a driver driving under the influence rams your car at the red light, resulting in serious casualties. It could also be your surgeon operating on the wrong leg. Your local factory releasing toxic waste into waterways could equally suffice as gross negligence. 

You notice that there is an element of negligence in all these scenarios. However, there is also an element of blameworthy behavior among all the perpetrators. The extent of the blameworthiness is so defined that it could be confused with intent. So, how does the law respond to such callousness in personal injury cases? Read this blog to learn how you can claim compensation under gross negligence.

Negligence

To understand the elements of gross negligence, it is crucial to lay down the fundamentals of negligence. Negligence is simply the lack of prudent care where any reasonable person would have exercised care. To succeed in your negligence claim, you must satisfy several conditions. They include:

• You must prove that the negligent party owed you a duty of care. 
• You must show that they breached this duty of care.
• You must connect the breach of the duty of care with the harm you have suffered.
• You must prove that you suffered serious damages due to the breach.

Now that you understand negligence, let’s look at gross negligence. 

Gross Negligence

The main difference between gross and standard negligence is the deliberate carelessness in one’s actions. In gross negligence, the defendant should have acted in a manner that proves complete disregard for the life and safety of others. 

You must prove the four standard factors in negligence to win a gross negligence claim. Further, you will be required to show that the plaintiff must prove recklessness in actions in addition to the four elements of negligence. 

In gross negligence, the defendant and the defendant’s employer are liable. Depending on the nature of your claim, your personal injury attorney will likely include both as defendants. 

Waiver of Liability

In some cases, you may be required to sign a liability waiver. This simply protects the other party from a claim against negligence. It is an acceptance that you knew the risks involved, thus unwilling to hold the other party liable. 

Note that a liability waiver does not shield a party from liability in a gross negligence lawsuit. The severity of the accident and the complete disregard for the lives and safety of others fall outside the ambit of liability waiver. Consult your personal injury lawyer to advise whether your liability waiver protects the defendant from a claim. 

Conclusion

This article has shed light on the components of gross negligence and what you will need to succeed in your claim.” Remember that while you must prove the same conditions for negligence, you should also show that the breach of duty of care was deliberate,” advises personal injury attorney David W. Holub of the Law Offices of David W. Holub. Your personal injury attorney can guide you on the specific evidence to provide to prove carelessness. Further, they can help you understand the damages to claim. 

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