What Is Negligence? What Is Gross Negligence?

prove negligenceWithout proving negligence, there is no personal injury case. Brent Adams & Associates' personal injury lawyers in Raleigh explain the difference between negligence and gross negligence:

Negligence is when a person, company or other entity acts incompetently or below the recognized standard of care, and therefore caused harm through their lack of reasonable and expected action. It's a personal injury lawyer's job to prove this negligence in order to obtain damages for the accident victim so that they receive compensation for medical bills, lost wages, or pain and suffering.

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.

Brent Adams & Associates' personal injury lawyers in Raleigh prove negligence by:

  1. Establishing the negligent party had a duty of care

  2. Establishing 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.

Examples of negligence from our Raleigh personal injury lawyers

At a hospital, a patient undergoes an operation, but the staff fail to read the chart. They administer the wrong drugs during recovery, which cause the patient to require another surgery. A North Carolina medical malpractice case can be filed for prescription error.

  • A Smithfield nursing home made headlines in early 2012 when residents were temporarily transferred to alternate locations during fumigation for a severe infestation of roaches and mice. Another nursing home was infested with bedbugs and now requires routine inspections and a fumigation plan. Failure to comply will result in fines and potential NC nursing home abuse lawsuits.

  • In early 2012, a young Wake Forest woman, Sarah Carden, caused a wrong-way driving accident on the beltline. She killed a man and injured a woman. She was wrecklessly driving drunk and a car accident and wrongful death claim can be made.