What Constitutes Gross Negligence in Georgia?

Sep 17, 2018

What Constitutes Gross Negligence in Georgia?

Gross negligence means a person’s conduct was so reckless it amounted to a conscious disregard for another person’s safety. In Atlanta, GA gross negligence goes beyond simple carelessness and includes unreasonable and willful misconduct by an individual.

If you are injured because of someone’s gross negligence you can be compensated. In your personal injury lawsuit, you can ask for punitive damages on top of compensatory damages. To file a claim against the party at fault you will need the help of an Augusta personal injury attorney.

Who Can Face Gross Negligence Claims in Augusta, GA

An injured person can claim gross negligence after an accident if they believe the person at fault acted unreasonably. A defendant may not have intended to harm the other person. But if that’s how the victim sees it, they can still accuse them of being grossly negligent. Situations that may be due to gross negligence include:

  • Car accidents
  • Slip and falls 
  • Legal malpractice
  • Medical negligence

For any negligence case (gross or not) your Georgia attorney will have to prove four factors. These are duty of care, breach of duty, causation, and damages.

Why You Need an Augusta Personal Injury Lawyer in a Case Involving Gross Negligence

Proving any type of negligence can be tough. Demonstrating gross negligence, however, requires a lot more work. To accuse someone of recklessness is serious and you have to have enough evidence to back up that claim. A Georgia personal injury lawyer can help you win your case through a number of steps.

Getting Facts of Your Accident

Winning your personal injury lawsuit will largely depend on the evidence you have against the defendant. Your lawyer will investigate your accident and compile all the information that points to gross negligence. As an experienced attorney, they will know exactly what to look out for when doing their investigations.

Getting a Medical Expert

Your claim will also depend on the seriousness of your injuries. These injuries will need to be documented so that they can be used as evidence. An Augusta, GA personal injury lawyer can refer you to a doctor who will assess your injuries. After doing so, they can advise on how much compensation you should ask for. The medical expert can be called to expound on your injuries at a trial, if necessary.

Seeking a Settlement from the Defendant’s Insurance Company

The first step in any claim is usually trying to settle it amicably without going to trial. The defendant’s insurance company will likely contact you after an accident. It is advisable you don’t talk to them and instead let your lawyer deal with them. Most insurance companies will offer a settlement if there is overwhelming evidence of gross negligence. The first offer they make is usually low. They are most likely trying to take advantage of you not having legal representation. So before you engage them to talk to your lawyer. They will know how much you deserve and put it forward to the insurer. If settlement fails, your attorney will be prepared to go to court and argue your case.

What Compensation Can You Claim in a Gross Negligence Case?

Like all personal injury claims, you can ask for economic and non-economic damages.

Economic damages include medical costs, lost wages, loss of future earnings and property replacement. Non-economic damages are not tangible. These include pain and suffering, emotional distress, loss of quality of life and so on. On top of this, you can seek punitive damages. This will likely greatly increase your compensation. Punitive damages are given to financially punish the party at fault. They are also intended to deter them from behaving in a similar manner in future.

Get Help from a Georgia Personal Injury Attorney Immediately After Your Accident

Should you be harmed by somebody’s recklessness, contact Ted A. Greve & Associates. We have ably represented victims of accidents in the past and will happily do the same for you. Cases involving gross negligence can result in serious injuries or even death. It is therefore important that you hire one of the best legal teams to get you what you deserve as compensation. Injuries you sustain may strain your finances and getting adequate compensation can reduce the budget strain on your family. Our Augusta personal injury lawyers will do everything possible to get a quick settlement. Should that fail, we will be prepared for the court trial. Focus on your recovery and rest assured that we will handle your legal challenges for you. Call us today for a free consultation.