Being involved in an accident that could have been avoided can be incredibly upsetting. Unfortunately, suffering an injury because of another person’s negligent actions can be hard to navigate, as you may wonder what could have been if they had only taken additional steps to prevent an accident. Unfortunately, however, the actions of another can be so egregious that they are considered gross negligence in the eyes of the law. As such, if you have been injured due to the actions of another person, understanding your legal options is critical. The following blog explores what you should know about these matters, including how personal injury attorneys in Baltimore County can help you prove this negligence to fight for the compensation you deserve.
What Is Gross Negligence and How Does It Differ from Ordinary Negligence?
Whether you’re walking through a supermarket or driving to work, you are generally owed a duty of care by those around you. As such, when someone fails to take reasonable precautions and you are injured as a result, it can constitute negligence. Things like speeding or failing to warn patrons of a nearby spill can constitute “ordinary” negligence.
However, there are instances in which someone’s actions may be so reckless that they are deemed to disregard human life. For example, speeding through an area with heavy pedestrian traffic or a construction company failing to provide proper harnesses for employees working on scaffolding would constitute gross negligence. This is because there is a complete indifference to human life in these instances.
Aside from the legal definitions and egregiousness of the breach of duty of care, there is another considerable difference between these forms of negligence. Typically, gross negligence is harder to prove, as you must be able to show that the defendant was aware of their recklessness. However, the compensation for gross negligence is often higher, as you can also recover punitive damages. These are awarded to the victim not for compensation, but as a means of punishing the defendant for their actions and to deter others from the same gross negligence in the future.
How Can I Prove Negligence?
As mentioned, proving gross negligence can be difficult, as you must be able to show that the other party knew their actions were reckless. Generally, you must first prove four elements to show that negligence occurred. This includes the fact that you were owed a duty of care by the defendant, the defendant breached that duty, you were injured as a result of the breach, and you sustained damages as a result of the injury.
In addition, you can gather evidence like medical records, police reports, photos, and videos from the accident scene, and witness testimony to help you prove the injuries you suffered were the result of a willful disregard for human life.
These matters can be incredibly difficult to navigate, especially when healing from the injuries you’ve endured. As such, it is in your best interest to connect with an experienced personal injury attorney with the Law Offices of Markey & Orsi. Our firm understands the difficulty surrounding these matters, which is why we are dedicated to fighting for the best possible outcome for you. Connect with us today to learn how we may assist you.