Most Cape Cod personal injury cases are pursued on a theory of negligence. To prove that a defendant was negligent, the plaintiff must show that the defendant owed the plaintiff a legal duty, that the defendant’s conduct breached this duty, and that, as a proximate result, the plaintiff suffered legally compensable damages.
Sometimes, however, a defendant may be accused of conduct that surpassed that of simple negligence in terms of its culpability. This is called gross negligence or recklessness by the courts.
An example of simple negligence might be a defendant slightly exceeding the speed limit and causing a collision. Gross negligence, by contrast, might occur if a defendant was driving while intoxicated and exceeding the speed limit not just by a few miles per hour but perhaps 30 or 40 miles per hour.