Personal injury cases may be based on negligence or gross negligence. You can receive compensatory damages in cases involving either form of negligence. However, punitive damages are only awarded in cases involving gross negligence.
Negligence and Personal Injury Cases in Ogden, UT
Negligence is among the most common reasons for personal injury claims. A person is negligent when they do not use the level of care required for a situation. The level of care is based on what a reasonably prudent person would have done in the same or similar circumstances.
When negligent actions cause an injury, the victim can sue the at-fault party for damages. They must prove the legal elements of negligence to recover damages:
Duty of Care
A duty of care is a legal obligation owed by one party to another party. It exists because of a requirement by law, morality, or custom. Generally, everyone has a duty to act in a way that does not put others at risk of harm or injury. For example, drivers have a duty to drive safely and follow traffic laws.
Some parties have a specific standard of care they must follow. For example, property owners have a duty to maintain safe premises, and doctors have a duty to meet the medical standard of care for a situation.
Breach of Duty
A party breaches their duty of care when their actions fall below the standard of care for a situation. The standard of care is based on what a reasonable person would do in the situation. A jury determines what a reasonable person would do and if the defendant’s actions fell below that standard.
Causation
The third element of a negligence claim can be challenging to prove. You must prove that the party’s actions were the direct and proximate cause of your injuries.
Actual cause (i.e., direct cause) is the reason something happens. For instance, your accident would not have happened if it had not been for a driver running a stop sign.
Proximate cause has to do with foreseeability. For example, it is foreseeable that running a stop sign could result in a crash. In other words, would a reasonable person anticipate that a car accident could result from running a red light?
Damages
Damages refer to your physical injuries, financial losses, and other harm caused by the other party’s conduct. Economic damages refer to your monetary losses and expenses, such as:
- Medical bills
- Out-of-pocket expenses
- Rehabilitation
- Lost wages
- Diminished earning capacity
An injury and accident also cause pain and suffering. These damages are referred to as non-economic damages and include:
- Physical pain
- Scarring and disfigurement
- Emotional distress
- Loss of enjoyment of life
- Impairments and disabilities
- Mental anguish
In some cases, punitive damages may be awarded. Utah law states that punitive damages can be paid when a party acts with malicious conduct, intentionally fraudulent conduct, or gross negligence.
Gross Negligence and Personal Injury Cases in Ogden, UT
Ordinary negligence generally does not represent extreme reckless behavior or intentional acts to cause harm. Gross negligence is so extreme that it is shocking. It is a complete lack of care for the safety of others.
Elements of gross negligence include:
High Risk of Harm
Actions that rise to the level of gross negligence often involve conduct with a high probability of causing significant damage or harm to others. For example, storing toxic chemicals in containers that will allow leakage demonstrates complete and utter disregard for others.
Severe Deviation From the Standard of Care
The party’s conduct deviates so much from the standard of care that no one could believe a reasonable person would ever act in this manner.
Conscious Indifference
The party knows their actions can injure others. However, they recklessly and knowingly ignore the potential harm their actions pose.
Criminal Liability
Gross negligence may also result in criminal charges. An example would be a DUI accident.
Contact the Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced personal injury lawyer at Parker & McConkie Personal Injury Lawyers to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
