As a plaintiff in a personal injury claim, you may either accuse the defendant of ordinary negligence or gross negligence. If you choose the latter, you may be held to a higher standard when it comes to satisfying your burden of proof. With that said, please read on to discover the difference between the two and how a seasoned Pasco County personal injury lawyer at Merricks Law Group, P.A., can help you gather sufficient evidence for whichever one you claim.
What is the difference between ordinary negligence and gross negligence?
Every valid personal injury case requires the element of ordinary negligence, at the very least. Namely, in the context of personal injury law, ordinary negligence means the defendant failed to exercise the level of care that a reasonable individual would have used in a similar situation, which inevitably caused your injuries and damages. On the other hand, gross negligence is when the defendant demonstrates an extreme disregard for your safety and well-being, which may border on or even be undoubtedly considered willful and intentional.
To better understand the contrast between the two, please read the following example. You may have gotten involved in a minor car accident in which the other driver was found to be speeding above the enforced speed limit. With this, you may cite ordinary negligence in your upcoming personal injury claim proceedings. However, say the responding law enforcement officer conducted a breathalyzer test and found the other driver had a high blood-alcohol content (BAC) level of 0.10 percent or higher. Their reckless indifference to get behind the wheel while visibly intoxicated may be enough grounds for you to claim gross negligence.
What evidence do I require to claim a defendant’s gross negligence?
You may need to make extra efforts to prove the defendant’s negligence was beyond a lack of care and more so an extreme recklessness. Allow us to continue using the example mentioned above, in which you pursue legal action against an intoxicated driver. With this, you may argue that their actions were blatantly dangerous and irresponsible. This is true given that any reasonable and responsible driver should be well aware of New Jersey’s laws against drinking and driving, along with its associated criminal consequences.
What may also help your argument is if you can establish that the defendant received prior warnings not to conduct such reckless behaviors and actions in the future. This may be possible if their criminal history shows that they have already been found guilty of a first-offense or second-offense driving while intoxicated (DWI) charge. Or, if the responding law enforcement officer recorded their admission of fault, acknowledging that they knew they had consumed an excess of alcohol before operating their motor vehicle.
If you need help with executing this, do not be afraid to reach out to a competent Pasco County personal injury lawyer. Our team at Merricks Law Group, P.A., is more than capable and eager to assist you with your upcoming legal proceedings.
