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Speaker 1: Hi, my name is David Faraci and I'm an attorney here with Swartz & Swartz in Boston. So, we handle a lot of personal injury cases and there's a legal term you may have heard related to personal injury cases called negligence. A lot of personal injury cases are based on negligence. So, what is that? Legally, there are four elements to prove a negligence case. They're duty, breach, causation, and damages. What does that really mean? So, everybody owes a duty of reasonable care to everybody else. So, say somebody acts unreasonably and that act causes somebody else an injury. All four of the elements of negligence are shown and the claim for negligence can be brought. Sometimes people act so unreasonably it goes beyond ordinary negligence. We call this gross negligence. So, in addition to the four elements of negligence that you need to prove through gross negligence, you also had to add a fifth element where the defendant is shown to be acting recklessly or with a substantial disregard for the safety of others. If you can show that against the defendant, the damages that you can recover may be affected. So, you want to consider that when thinking about the claim that you have a potential to bring. An example of gross negligence may be where a surgeon, say, leaves a scapel inside of their patient during surgery. So, this isn't just a normal surgical mistake that shows a substantial disregard for the safety of the patient. If something like this happens or, you know, another type of act that goes above and beyond regular negligence, you may be able to add a gross negligence claim and that may affect the damages that you can recover. If you have a potential claim and have any questions about what you may be able to recover or whether a gross negligence is involved, it's important to speak with an experienced plaintiff's attorney to really make sure that you can recover everything that is allowed to be recovered under the law. If you want to speak about your type of claim and what you may be able to recover for it, me or any of the other attorneys here at Swartz & Swartz would be happy to answer any questions you have and help you through the process.
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