Proving and Recovering Damages From Negligent Parties in British Columbia
In common use, the term "negligence" is easy enough to understand — it means carelessness, thoughtlessness or the failure to anticipate the consequences of hasty action or poor planning. In the legal sense, however, negligence is anything but simple, even when it appears to be. Winding back the facts of an accident, the resulting damages and the relationships between the parties involved can be extremely complicated, and errors or oversights along the way can mean the difference between success and failure in negligence litigation.
If you or someone in your family was injured through the carelessness of someone else, contact Murphy Battista for a free consultation about the facts of your case and your legal options. You'll see how a team of experienced professionals analyzes and attack the legal and evidentiary problems that can lie hidden beneath the surface of your negligence claim.
Negligence in an Accident Case Can Be Direct or Indirect
For example, in a motor vehicle accident case, serious injuries caused by a drunk driver might exhaust the available ICBC coverage. Our lawyers will look to determine whether other negligent acts or omissions might have played a role in the accident, aggravated the injuries or otherwise made your losses worse than they would have been. In the drunk driving case, we will investigate whether the intoxicated driver was over-served at a bar or restaurant, which could lead to a negligence action against the establishment.
Similarly, our lawyers at Murphy Battista may look into the design and maintenance of the highway, intersection or crossing where the accident occurred. Defective road design or negligent repair might have played as great a role in causing the crash as the other driver's carelessness, and we know how to pursue claims against local or provincial government agencies for negligence.
Whether your accident was caused or aggravated by bad judgment in beverage service or a poor decision by a pursuing officer in a high-speed chase after someone else, our lawyers take a comprehensive view at the cumulative effects of negligent actions and omissions by anyone directly or indirectly involved in your injuries.
The key element in the legal analysis is the ability to show that a reasonable person under the circumstances would have acted differently from the defendant whose actions or omissions are under review. It is also essential to show a causal link between the negligent acts or omissions and the injuries or losses actually suffered.
The duty of care owed by one person to another in modern society also varies with particular situations. A reasonable level of care for someone walking down the street might well be different from the duty of care that a surgeon must fulfill in the operating theatre.
Experienced B.C. Personal Injury Lawyers: Call Murphy Battista at 866-315-5694
At Murphy Battista, our lawyers deal with these general questions of negligence every day. At the same time, we keep them sharply focused on the facts of a given case. To learn more about the ways you can benefit from our understanding of B.C. negligence law as it applies to your accident or injury claim, contact our office for a free consultation.
