What Defines Gross Negligence in Georgia?

Sep 7, 2018

What Defines Gross Negligence in Georgia?

Everyday acts of negligence cause injuries to a lot of people. Someone’s reckless behavior can cause physical harm to you when you’re at work, driving or at a restaurant. For you to be compensated for your injuries after an accident, you must prove negligence by the party at fault. Negligence is the failure to act in a prudent manner to avoid injury to another person. Most personal injury cases in Atlanta, GA are as a result of negligence. Some accidents may occur due to gross negligence. Gross negligence would arise if someone’s actions are egregiously negligent, causing you injury. Gross negligence is at times seen as willful behavior which totally disregards others’ safety. 

To better understand what amounts to gross negligence in a personal injury case, talk to an Atlanta personal injury attorney.

What a Georgia Personal Injury Attorney Would Term Gross Negligence

An Atlanta personal injury lawyer will in most cases consider gross neglect to be more than simple carelessness. Someone culpable of gross negligence knows the dangers and consequence of their actions. Examples an Atlanta personal injury lawyer would give you include:

  • A driver driving fast in a location with a large number of pedestrians.
  • A doctor prescribing their patient medication which their medical records state they are allergic to.
  • A distributor supplying defective products
  • A property owner undertaking repairs but not warning visitors of this.
  • A personal nurse failing to provide the person they are looking after with food and water for several days.
  • A driver who causes an accident because of intoxication.

Most car accidents are deemed to occur because of ordinary negligence such as texting while driving.

What Are the Legal Consequences of Gross Negligence in Atlanta, GA?

If gross negligence caused your accident your claim may be worth a lot more than if it was ordinary negligence. Claims made in ordinary negligence cases may be limited to compensatory damages. These are paid to accident victims to cover their losses. They include medical costs, lost wages, and pain and suffering. In a gross negligence lawsuit, other damages may be payable, in particular, punitive damages. Punitive damages are aimed at making a defendant pay and discouraging them from engaging in irresponsible behavior again. These damages may result in you getting a large amount of compensation. Some states, however, place a limit on how much can be paid in punitive damages.

Should You hire an Atlanta Personal Injury Lawyer After an Accident Involving Gross Negligence?

Yes, you should seek legal advice in a gross negligence case. A Georgia personal injury attorney will assess the facts and tell you if the person at fault is liable. The lawyer will also assist you in preparing your case properly. They will help you prove the four elements necessary to show gross negligence. These are:

  1. Duty. A lawyer will demonstrate that the defendant had a legal duty to ensure you were safe. A driver, for example, has a responsibility to keep other road users safe when driving.
  2. Breach of duty. If the defendant failed to ensure your safety, then duty was breached.
  3. Causation. A lawyer will show how someone’s actions or inaction directly contributed to you being injured.
  4. Damages. This is evidence of the physical hurt or property damage caused by the defendant’s actions.

If the lawyer can prove the four elements, then you have a valid personal injury case and can claim damages.

Talk to Personal Injury Attorney at Ted A. Greve & Associates

If you’ve been hurt and think the person at fault was negligent, contact an experienced Atlanta personal injury lawyer as soon as you can. After reviewing the facts, the attorney will explain if it was a case of negligence or gross negligence. You can independently file your lawsuit but it is not advisable. A personal injury attorney has handled many cases involving negligence and would better represent you. With the evidence available, our lawyers will build a solid case and get you the maximum compensation available.

 Once you get us on the case, we will handle all communication with the defendant’s insurance company. You can sit back and focus on your recovery as we fight for you. It is important that you start your case early. Atlanta, GA has a two-year time limit for you to file any claim involving gross negligence. If you do not file an injury claim within the allowed time, the court may refuse to hear it. Talk to us now and let get started on your case.