What Are The Effects of Recklessness In An
Injury Claim?
Any person with disregard for the safety of others and therefore responsible for causing harm to fellow humans is called reckless and is held liable. The person's reckless conduct becomes the basis for the criminal prosecution.
There is a difference in negligence and recklessness although there is just a fine line dividing the two, as per Personal Injury Lawyer in Scarborough. Negligence is described as behaving carelessly in a situation that requires you to be attentive and aware as a reasonable person would behave. Most of the injury claims cite negligence and recklessness as the cause of the accident. Whether the doctor prescribed a wrong medicine or the homeowner failed to clear the path of ice leading to slip and fall injury is considered to be negligence.
Personal Injury Lawyer in Scarborough is aware that for the defendant to be held liable, here are 4 aspects to consider:
Intent/Willingness: The person did injury or harm knowing that it would cause damage to the other person (with his own will).
Recklessness: The person needs to know that his actions would hurt or injure another person.
Negligence: The person acted in disregard of the duty to someone.
Strict liability: The person is held strictly liable no matter what the traumatic state was, in certain circumstances.
Recklessness is more than just negligence and it is not greater than intent harm. Negligence is referred to when an individual takes a risk for no reason, be aware of while recklessness is referred to as when the person knowingly takes the risk.
Personal Injury Lawyer in Scarborough knows that most laws prohibit reckless behavior and a person who is injured due to recklessness can obtain compensation from another person for lost wages, medical expenses, pain and suffering to rehabilitation.
Recklessness is behavior issue and there are types of such behavior- The subjective test and the objective test. Your lawyer is going to determine conscious awareness whether the person knows such actions may cause injury to others. The subjective test is based on what the person might be thinking when the act occurred. Personal Injury Lawyer in Scarborough is aware that the objective test is based on the problem that is faced by the person to cause injury. Examples include DUI, substance abuse in public places, carrying a hidden weapon, storing the gun in an unlocked box available to children etc.
Key Aspects of recklessness
An individual’s conduct is considered reckless
1. When he/she knows the risk and still takes a chance
2. When the risk is an unreasonable one
3. The person is aware that others around him are at risk due to his actions.
You need a Personal Injury Lawyer Scarborough when you want to sue someone for injuries from their recklessness and protect your rights. For more information visit here: WPC Personal Injury Lawyer