Gross Negligence in New York Personal Injury Lawsuit

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The key to winning any type of personal injury case is proving the existence of negligence. Depending on whether you are injured in a slip and fall, car crash, or another type of accident, how your personal injury lawyer Bronx establishes negligence may vary. Most personal injury cases involve simple negligence. However, if a person shows a reckless disregard for the safety of others, they may be charged with gross negligence, a more serious offense.

If you are injured in a personal injury accident of any kind, consult with an experienced lawyer. Depending on the circumstances of your case, you may be entitled to compensation for medical bills, pain and suffering, and other damages.

Proving negligence

Successfully proving that a defendant acted negligently requires that you establish the following elements:

  • Duty — First, you must show that the defendant owed you a duty of care. If you were injured in a car accident, the moment the defendant got behind the wheel, he/she assumed a duty to drive responsibly for the safety of others.
  • Breach of duty — Next, you will need to show that by action or inaction, the defendant breached their duty of care.
  • Proximate cause — This means that as a result of the defendant’s breach of duty, you suffered injury or harm.
  • Damages — Lastly, you must have suffered actual damages as a result of the defendant’s disregard for your safety.

Proving negligence is vital to recovering compensation in a personal injury case. To find out if you are the victim of negligence in New York, consult with an experienced accident lawyer.

How is gross negligence different from negligence in New York?

According to NY law, gross negligence is the reckless disregard for the rights of others. The law explains that in gross negligence cases, the defendant’s behavior must show, “failure to use even slight care or conduct that is so careless as to show com­plete disregard for the rights and safety of others.”

A perfect example of gross negligence in action is a driver speeding through a heavily populated pedestrian area like a park or fairground. In medical malpractice cases, a doctor may be found guilty of gross negligence if they knowingly prescribe a treatment that conflicts with their patient’s medical history. Since gross negligence involves a deliberate disregard for public safety, damages against injured parties may be significantly higher. Additionally, defendant’s in gross negligence cases may face punitive damages in addition to civil awards.

Contact an experienced Bronx personal injury attorney

The Law Office of Evan W. Kohn fights aggressively to help injured New Yorkers recover rightful damages. If you or someone you love suffers injury in a car, truck, medical malpractice, slip and fall, or another type of accident, call 718-409-5500 or contact us online to discuss your case with a skilled injury attorney today.

About the Author: Evan Kohn

About the Author: Evan Kohn

Evan W. Kohn is an experienced personal injury attorney serving the New York City area. He handles cases ranging from auto accidents to personal injury, Slip and falls, truck accidents, and medical malpractice.