Defenses To Gross Negligence Handled By Personal Injury Lawyer In Chilliwack
Personal injury lawsuits are as it is very complex and the different nature of it makes it all the more complicated. Injuries may be caused due to sheer negligence and sometimes it may add up to gross negligence of the defendant. The Personal Injury Lawyer in Chilliwack will claim for a higher amount as compensation on your behalf for gross negligence but matters are not as simple as it sounds. There are different complex situations that the injury lawyer has to handle and different types of defenses may be raised. It is only the experience and competence of the injury lawyer can help you out of such sticky situations.
Waiver Is Signed
The Personal Injury Lawyer in Chilliwack may face a case for gross negligence, where a waiver is signed. This is one of the reasons that gross negligence is claimed sometimes. The injured person may sometimes waive the rights to claim for negligence. As for an example, any person taking part in a risky act, such as ski diving training may already have signed a waiver contract. In such waiver it may be promised by the person that he or she will not sue the school for negligence, if any injury is sustained by him or her. However, such waiver is not favored in most of the states and therefore it is alleged typically in cases where waiver is used.
Defenses for Gross Negligence
When Injury Lawyer in Chilliwack claims for gross negligence, there are a few common defenses that may be put forward. Specific circumstances where gross negligence can be proved include car accidents, legal malpractice, slip and fall injury cases and negligence by medical professionals. Irrespective of the fact that there was no intention to cause harm, gross negligence can be claimed in such situation. The specifics of the defense raised will however vary depending on the terms of your personal injury lawsuit. Ideally there are four factors on which such gross negligence can be claimed.
Duty and Breach of Duty
Just like any ordinary negligence case the Injury Lawyer in Chilliwack must prove that you followed your duty of care and behaved reasonably under the given circumstances of the event. Such duty of care refers to the action of a sane person having ordinary grade of reason, care and social responsibility in a similar situation. You will also need to prove that you did not breach your duty meaning failing to exercise reasonable care to prevent injuries or damage to property. This will save you from being held liable for the accident and harm.
Causation and Damages
Causation factor will be proved automatically when you prove that you did not breach your duty. If there is no breach there cannot be any scope for damages. Damages are the actual physical injuries along with emotional distress and financial losses incurred by the injured person as a result of your breach of duty. If you exercised reasonable duty of care, then there cannot be any arguments. Even if there are any the injury attorney will prove that it is not a gross negligence by arguing alternatively. Visit Here: Barapp Law Firm BC