How to Prove Negligence and Gross Negligence

However, sometimes the responsible party’s actions are more serious than ordinary negligence, something the law terms “gross negligence.” Proving gross negligence relies on demonstrating that the defendant blatantly disregarded a duty of care or intentionally caused injury to another. Bucks County personal injury lawyers can help victims unsure of how to prove negligence or need help doing so.

Gross Negligence vs. Ordinary Negligence

Here’s how to prove negligence in a case involving ordinary negligence:

• had a legal duty of care;
• failed to uphold that duty; and
• those actions (or inaction) caused the victim actual injury.

The same steps apply for gross negligence, but with additional circumstances. Gross negligence is when the responsible party didn’t just act irresponsibly, but “grossly” irresponsibly, falling far short of the duty of care. In order for an accident victim to prove gross negligence, he or she will have to convince the courts that the defendant knew his or her actions were dangerous, yet decided to act anyway.

Proving Gross Negligence to the Courts

Wondering how to prove negligence was blatant or intentional? Presenting all possible pertinent forms of evidence to the courts and effectively demonstrating the circumstances of the accident will help the judge or jury rule accordingly. Bucks County personal injury lawyers can be instrumental in these types of cases to present all the facts to the courts and successfully demonstrate the other party was grossly negligent.

One of the most important elements in a gross negligence case is that the plaintiff will have to be able to prove that the other party blatantly disregarded his or her legal duty of care. For instance, if someone rolled through a stop sign and hit another car, it may be considered ordinary negligence. However, if an individual was drinking and driving, it may be considered a case of gross negligence.