Gross negligence occurs when a person behaves in a reckless manner and puts the safety of others at risk. The fact that it is called gross negligence means that it more severe than negligence, which is nothing but not exercising sufficient amount of care. An example to illustrate the difference between gross negligence and negligence would help people understand. For example, if a driver runs a red light and ends up hitting another vehicle, it would be called negligence. However, if the same driver drinks alcohol, then runs a red light and hits another vehicle, it would be termed as gross negligence.
When it comes to gross negligence wrongful death, the onus of proof lies on the person bringing the lawsuit. The person has to prove several things for this. First, the person must prove that the accused has a duty of care towards the victim or the people. Then, it has to be proven that the accused did not stick to the duty of care towards the victim. And, then it has to be proven that the victim died because the accused did not perform his or her duty of care. Lastly, the person bringing lawsuit against the accused must prove that the death occurred due to the accused person's behavior and could have been avoided if the accused had behaved in a more responsible manner.
There have been several cases of gross negligence in wrongful death lawsuits. The family of the deceased has to go through a lot of emotional and mental anguish in order to prove the aforementioned points. However, with an experienced lawyer, it is possible and the family can win damages in the case.
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