Negligence forms the basis of many personal injury claims, including claims brought due to the wrongful deaths of victims. There are several elements that must be proven for a victim to prevail in court on their negligence claim, and this post will briefly touch on those to provide readers with an understanding of this important legal topic. However, other forms of negligence also exist, and through this post, Kentucky readers will also be introduced to the concept of gross negligence. Contact a Lexington personal injury attorney for more information.
Claims of negligence are built upon the idea that the acting party owed a duty of care to their victim. Generally, all people owe each other a duty to act reasonably given their situation. This is known as the reasonable person standard. When a person breaches this duty of reasonableness and harms a victim, causing that victim to suffer losses, a personal injury case built on negligence may exist.
Gross negligence is more than just failing to act reasonably given a set of conditions. Rather, gross negligence involves the engagement in acts that are unreasonably risky to others. Actions in which the actor ignores the rights of others to be safe may constitute gross negligence.
It is not possible for this post to address every possible example of gross negligence that may occur. Individuals who have suffered losses due to the extreme and negligent conduct of others may be able to build claims based on this legal theory. Accidents that result from gross negligence can be violent and tragic, and any family that has lost a loved one due to a wrongful death event may wish to further explore its rights under the law.
A Lexington wrongful death attorney can help you review your legal options.