Have you been the victim of negligence?
You may be entitled to compensation if a professional who has a duty of care is negligent, which results in physical harm or financial loss. Recover your losses and pursue justice with a trusted civil lawyer at Karrass Law. Robert Karrass and our skilled legal team will represent your best interests.
If you’re suffering at the hands of a professional you trusted, explore your legal options with Karrass Law.
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Has There Been a Case of Negligence or Malpractice?
For negligence to occur, four elements must be proven in court by your civil lawyer.
- Duty of Care: The duty owed is the expected standard of care an ordinary person would expect to receive from a professional in the same circumstances that occurred between the plaintiff and the defendant.
- Breach: A breach occurs when there is a deviation from the expected standard of care. When a professional takes action or fails to take action as expected, they can be deemed to have breached the duty of care.
- Causation: If there has been financial loss or physical harm that has resulted from a duty of care breach, your civil lawyer must be able to prove that this breach has directly caused the loss or injury.
- Harm: The plaintiff must be able to prove that they have, in fact, been harmed or suffered financially due to the breach or accused malpractice. If harm is confirmed, your civil lawyer can pursue damages via a civil suit.
Not sure if you have a negligence case? Book your legal consultation with Karrass Law.
Professional Negligence & Malpractice
Professional negligence deals with a professional providing services that fall below the standards expected of their profession. One of the most notable types of professional negligence is “malpractice.” A number of professionals are expected to align with a specific standard of care. As a result, any of them can be sued for malpractice or negligence with the help of a civil lawyer.
Some professionals that can be sued for malpractice and some examples of negligence include:
- Medical Professionals: unintended injuries or complications resulting from a doctor’s error.
- Accountants: Filing the wrong tax forms that result in severe penalties.
- Lawyers: Failing to use the degree of skill expected from members of the profession and it results in subpar representation and financial loss for the plaintiff.
- Engineers: Failing to make correct calculations or identifying defects in a structure.
- Real Estate Agents: Failing to put in a client’s offer in time.
- Veterinarians: Failing to properly diagnose an injury in an animal or failing to manage their pain adequately.
- And More.
What Are the Different Types of Negligence
There are four different types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence.
- Gross Negligence: Gross negligence occurs when the conduct accused of being negligent is a reckless deviation from the standard or duty of care. For a case to be categorized as gross negligence, there must be an intentional disregard for safety or well-being.
- Comparative & Contributory Negligence: Typically used in personal injury cases, comparative negligence in Ontario determines not just fault but the allocation of liability. In Ontario, if you are considered more than 50% responsible, you will not be able to recover any damages. Whereas if you are under 50% liable, then you can recover damages proportional to the degree of fault. In personal injury cases, your civil lawyer will present your case for reduced liability to help you recover the damages to which you are entitled.
- Vicarious Negligence: As the name suggests, vicarious negligence occurs when one person or party can be held liable for the negligence of another party. Cases of vicarious negligence can occur when employees are negligent, and the employer becomes responsible vicariously.
Sue for Negligence with a Trusted Civil Lawyer
Negligence can be complicated, but a legal team you trust can simplify it.
If you or a loved one have suffered at the hands of a professional you trusted to provide a standard of care, book a consultation with Karrass Law. Robert Karrass and the experienced legal professionals are dedicated to providing the highest level of service. Our team takes the time to understand the details of your claim to represent your interests accurately and effectively in court.
To learn more about our experience with civil suits and negligence, book your consultation.
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