Does the plaintiff in a catastrophic injury case need to prove gross negligence?

In Virginia, the plaintiff in a catastrophic injury case does not need to prove gross negligence in order to recover damages. In Virginia, personal injury cases generally must be based on a theory of ordinary negligence, which means that the defendant’s conduct must have breached a reasonable duty of care owed to the plaintiff. However, in cases involving catastrophic injuries, the plaintiff may also be able to recover damages by proving that the defendant’s conduct was grossly negligent. Gross negligence is a higher standard of negligence than ordinary negligence and involves a greater degree of carelessness or recklessness by the defendant. It is often referred to as “willful and wanton” conduct. In order to prove gross negligence, the plaintiff must show that the defendant acted with a degree of carelessness or recklessness that was so great as to show a disregard for the consequences of their actions. So, in summary, the plaintiff in a catastrophic injury case in Virginia does not need to prove gross negligence in order to recover damages. The plaintiff can usually recover damages based on a theory of ordinary negligence, but may be able to do so by proving a higher standard of gross negligence as well.

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Does the plaintiff in a catastrophic injury case need to prove gross negligence?

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