Personal injury cases involving gross negligence are often devastating, both in terms of the severity of the resulting injuries and the sheer callousness of the responsible party’s behavior. While the conduct can make liability clearer, every case turns on its facts and proof.
If you believe you’ve been harmed by gross negligence, it’s important to seek legal help and pursue a lawsuit as soon as possible. The knowledgeable New York personal injury lawyers with Richmond Vona have experience helping victims of gross negligence get justice. Contact us online or call 716-500-5678 today for a free consultation.
ON THIS PAGE
- What is Gross Negligence, and Could it Apply to My Case?
- What Is the Difference Between Gross Negligence and Ordinary Negligence?
- What are Common Types of Gross Negligence?
- What Do I Need to Help Prove My Case?
- What Compensation Can I Recover From Gross Negligence?
- What is the Statute of Limitations for Filing a Gross Negligence Claim?
- Trust Richmond Vona for Your Gross Negligence Claim
What is Gross Negligence, and Could it Apply to My Case?
Gross negligence is negligence so severe that it reflects reckless indifference to others’ rights and safety. It does not require proof of an intent to harm, but it goes far beyond ordinary carelessness. Injury victims can have strong legal claims in cases involving gross negligence.
For example, if a company knows its product can be a fire hazard in certain circumstances but refuses to fix or disclose the problem before putting it to market, it could be considered grossly negligent.
What Is the Difference Between Gross Negligence and Ordinary Negligence?
Negligence is generally careless behavior, or failing to act with the level of care a reasonable person should in a given situation. Gross negligence is considered much more severe, going beyond simple carelessness into complete disregard for the consequences of one’s actions, particularly regarding the safety of other people.
A driver who rear-ends another vehicle after failing to slow down in time for a red light may be negligent under ordinary standards. A driver who intentionally speeds through a red light in a crowded area could be considered grossly negligent for any injuries that result from such a dangerous decision.
What are Common Types of Gross Negligence?
Gross negligence can occur in many different personal injury cases, depending on the severity of the liable party’s behavior. Some examples include:
Commercial Trucking Accidents
Many different parties can be liable for truck accidents. If a trucking company operator repeatedly and intentionally forces drivers to ignore rest and break requirements, it can support a gross-negligence claim against the company in the event of a crash.
Dangerous Property Conditions
Business operators, apartment managers, and other property owners are responsible for the safety of guests and workers on their property. Leaving a staircase in disrepair, refusing to address a violent crime problem, or failing to fix known dangerous conditions can make a property owner grossly negligent and open to a premises liability claim.
Product Liability
Knowingly ignoring a dangerous defect in a product, such as a car that can have its engine shut off mid-use, can leave a company grossly negligent for resulting accidents.
Nursing Home Abuse
Nursing home staff can be grossly negligent for knowingly and maliciously mistreating residents, callously ignoring their medical needs, or refusing to address abusive behavior by other residents.
Medical Malpractice
Doctors are expected to treat their patients according to professional standards of care. If a doctor prescribes a patient a drug they are clearly allergic to, commits an egregious surgical error, or ignores concerning symptoms during a diagnosis, they could be liable for gross negligence.
What Do I Need to Help Prove My Case?
Types of relevant evidence that can help build a gross negligence case include:
- Police reports
- Documentation, such as medical records, maintenance reports, or written communications
- Photo or video of the scene, injuries, or the defendant’s actions
- Witness statements
- Expert testimony to help show how serious the at-fault party’s misconduct was
Together, these materials help establish what the duty was, how it was breached, and that the breach caused your injuries and losses. An experienced New York personal injury attorney can help you identify and secure as much key evidence as possible, giving you the best shot at recovering significant compensation.
What Compensation Can I Recover From Gross Negligence?
While each case is different, injury victims are often eligible for a variety of economic and non-economic damages after an accident. Cases involving gross negligence may lead to higher compensation than others, based on the severity of the injuries and the seriousness of the perpetrator’s behavior. Punitive damages are reserved to punish and deter especially egregious misconduct, and are extremely rare in New York.
Economic Damages
Economic damages are out-of-pocket and future monetary expenses resulting from your injuries. Examples of economic damages include:
- Medical bills and future health care expenses
- Lost wages
- Lost future earning capacity
- Property damage
Non-Economic Damages
Non-economic damages compensate for intangible losses impacting the well-being of injury victims. Non-economic damages can include:
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Pain and suffering
- Disfigurement
What is the Statute of Limitations for Filing a Gross Negligence Claim?
The statute of limitations for most personal injury claims in New York is three years after the date of the injury, but some types of cases have different timelines. Deadlines for different case types in New York include:
- Three years: This applies to most personal injury cases, including car accidents, slip and fall injuries, product liability cases, and others.
- Two years and six months: Medical malpractice claims have a shorter deadline, though some exceptions apply, including a one-year deadline after discovering a foreign object in the body.
- Two years: Wrongful death claims have a shorter deadline than others, starting on the date of the victim’s passing.
- One year and 90 days: Cases against a government entity have the shortest deadlines, and also require victims to send a notice of claim to the defendant within 90 days of the injury.
If you miss the appropriate filing deadline, you could lose your right to pursue compensation after an accident. Consulting an experienced personal injury attorney immediately will give you the best chance of recovering damages after experiencing gross negligence.
Trust Richmond Vona for Your Gross Negligence Claim
Experiencing gross negligence can be overwhelming, but a skilled personal injury lawyer can help you navigate the legal process and get justice with minimal stress. With over two decades of combined experience and over $200 million recovered for our clients, Richmond Vona has the track record and drive to get you the results you deserve. Contact us online or call 716-500-5678 today for a free consultation.
