What Is Negligence and Gross Negligence in PA?
In Pennsylvania, when an individual gets hurt because of the careless actions of another person, they may seek compensation for their injuries through a personal injury claim or lawsuit. However, the legal terminology used in personal injury cases can be confusing. Terms like “negligence” and “gross negligence” appear often in legal dramas and cop shows, but most people don’t know what they mean in the context of an actual case.
The personal injury attorneys of Stine & Associates, P.C., explain below the complicated legal jargon you may hear concerning your personal injury case.
What Is Negligence?
In Pennsylvania and other jurisdictions, negligence is a legal concept that describes a situation in which one party fails to act reasonably to avoid harming others. Negligence occurs when an individual or company fails to employ a reasonable standard of care that would prevent foreseeable harm to others. The four legal elements of negligence in Pennsylvania include:
- One party has a duty of care to prevent harm to others.
- That party breached their duty of care.
- That breach caused the accident that harmed someone else.
- The injured party suffered losses as a result of the harm.
Negligence does not need to be intentional. Accidents can occur due to negligence, and the individual who caused the accident can be held liable for their careless actions. Consider one of the most common examples of negligence-based claims: automobile accidents. Pennsylvania motorists are required to operate their vehicles in a reasonably safe manner. When careless drivers fail to do this and violate their duty of care, they are responsible for compensating injured victims for their financial losses.
What Is Gross Negligence?
Gross negligence is a different legal concept in Pennsylvania. In gross negligence cases, an individual or other party engaged in intentional or reckless behavior that rises above the level of basic negligence. While negligence can often involve a careless mistake, gross negligence moves into the realm of intentional or dangerous disregard for the safety of others.
What can constitute gross negligence? Extreme or excessive speeding, drinking and driving, or failing to provide medical care to an elderly individual in a nursing home. These are examples in which people engage in behavior that they know or should reasonably know is dangerous and could injure others.
Proving gross negligence in personal injury cases can be challenging, especially without the help of an experienced and knowledgeable attorney. Proving gross negligence means finding evidence that establishes an individual’s intentions or even their state of mind at the time of the incident. It also means showing that their actions were reckless, dangerous, and potentially malicious. Understanding the difference between negligence and gross negligence is crucial because, in rare cases where gross negligence comes into play, an individual may be entitled to request punitive damages. Punitive damages do not cover your financial losses. They are an additional award that serves as a financial penalty for the at-fault party that is meant to discourage them from repeating this behavior in the future.
Talk to a Pennsylvania Personal Injury Attorney
If a careless individual has hurt you, then it’s time to talk to a skilled personal injury attorney about your situation. At Stine & Associates, P.C., we can review your situation and outline your legal options for recovering compensation.
Contact our office today and set up a no-obligation consultation.