When you file a personal injury claim against another party, you are essentially arguing that their negligent actions led to your ultimate injuries and damages. But depending on the extenuating factors surrounding your accident event, you may go as far as accusing them of gross negligence. With that said, please continue reading to learn more about gross negligence and how one of the experienced Panama City personal injury attorneys at Manuel & Thompson, PA, can help you make an argument for such.
What is gross negligence in the context of a personal injury claim?
If you cite gross negligence in your personal injury claim, you are saying the defendant practiced a level of carelessness far beyond ordinary negligence. Specifically, you claim that they had a reckless disregard for your safety, or worse, a conscious and willful unconcern for your potential harm. You may argue that because of this, your accident and subsequent injuries and damages were far more catastrophic.
Depending on your case, your claim of gross negligence may have the defendant facing criminal consequences in addition to being held liable in your civil action. With this, the Florida civil court may order them to pay punitive damages alongside compensatory damages, to ensure they learn from their mistakes and deter them from acting with the same reckless and willful disregard for others in the future.
Under what circumstances can I cite gross negligence in my claim?
You must understand that gross negligence is a bold claim, in which you may be expected to fulfill a higher burden of proof. Without further ado, below are types of personal injury accidents with which a gross negligence citation may have valid grounds:
- In your auto accident claim, you believe the other involved driver was visibly under the influence of drugs or alcohol and well above the blood-alocol content limit.
- In your dog bite claim, you may claim the owner reasonably knew of the dog’s aggressive and dangerous nature and failed to take the proper safety precautions.
- In your slip and fall accident claim, you may claim the owner reasonably knew of a hazard on their premises and failed to repair or replace it in a timely manner.
- In your medical malpractice claim, you may claim that a surgeon failed to conduct a routine review of your medical records and operated on the entirely wrong body part.
- In your nursing home abuse claim, you may claim that a staff member failed to supply your loved ones with basic, daily needs, like food, water, and medication.
- In a construction accident claim, you may claim that site workers and employers failed to adequately block off the zone from outside pedestrians and passersby.
If you need help with executing this, do not be afraid to reach out to one of the skilled Panama City personal injury attorneys. Our team at Manuel & Thompson, PA is more than capable and eager to assist you with your upcoming legal proceedings.
