Practice Areas

• Defective Drugs
• Automobile Accidents
• North Carolina Workers' Compensation
• Disability Insurance - ERISA Attorney
• Social Security Disability
• Nursing Home Neglect
• Medical Malpractice, Hospital Malpractice, Professional Negligence
• Accident Attorney
• Dog Bite Attorney
• Insurance Disputes

Blog

News

Library

What Is Negligence? What Is Gross Negligence?

Negligence is often an important component in personal injury cases - proving that a person, company or other entity did not act in a competent manner (below the recognized standard of care) and therefore caused harm through their lack of reasonable and expected action is key to obtaining damages for the injury victim and helping them covering their medical bills, lost wages or pain and suffering.

In most cases, personal injury attorneys prove negligence by first establishing the negligent party had a duty of care and then establishing that there was a breach of that duty by the negligent party. For example, if a nursing home's duty is to keep their patients safe and reasonably healthy, and they breach that duty by not regularly administering the appropriate prescription drugs to their patients, they can be found negligent.

Gross negligence is a more serious form of negligence that goes a step further than simple carelessness. While regular negligence is seen as a person or company falling below an expected standard of care, gross negligence is seen as a complete failure to show care that in fact implies recklessness or a willful disregard for safety and human life.

Here are a few examples of negligence and gross negligence cases that personal injury lawyers may see:

· At a hospital, a patient undergoes an operation, but they spend the next few days in the hospital ward without getting bandages changed regularly. The wound becomes seriously infected and a medical malpractice case ensues.

· At a nursing home, a patient with dementia is difficult to watch and control. The nurses restrain the woman for most of the day and night, leaving her with joint problems and bedsores.

· A hotel pool is not fenced and does not have a lifeguard. A hotel guest's toddler wanders to the pool and drowns, resulting in a wrongful death lawsuit.

· A truck's brakes fail while the truck is driving down a steep mountain grade. The truck crashes into a minivan, injuring the family inside. Records reveal that the truck had not been inspected as required by law.

Free Case Review

Videos

Web Resources