Article on the “Act of God” Defense in Personal Injury Cases Highlights the Often Complex Nature of Negligence, Notes the Law Offices of Burg & Brock

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Commenting on the recent article, the Los Angeles personal injury firm explains that this is just one of the many examples where successful court arguments must be presented by an experienced and skilled attorney.

Variables like the 'act of god' defense can complicate the job of determining negligence.

Just as it requires an experienced attorney to argue the “Act of God” defense to the court, an equally skilled litigator is needed to push back against these claims when falsely claimed by a truly negligent party.

In an article published September 3rd on Claims Journal, the author explained how negligence is determined across the country in cases where a driver loses control of their vehicle after being struck by a sudden and unexpected medical emergency. Subtitled, “When Driving Through Somebody’s Living Room Is Not Negligence,” the article discusses how a person’s duty to maintain control of their vehicle to ensure the safety of those around them can dissipate quickly when drivers are incapacitated in a way that they couldn’t reasonably anticipate. According to the Los Angeles personal injury attorneys at the Law Offices of Burg & Brock, this illustrates an example of a personal injury case whose outcome can be greatly influenced by the experience and knowledge of the litigator. Cameron Yadidi Brock, the firm’s head litigator, explains that not every injury has a negligent party at its core, and even a seemingly negligent party can be shown to have acted in a proper manner once all of the evidence is presented.

Mr. Brock notes that, just as it requires an experienced attorney to argue the “Act of God” defense to the court, an equally skilled litigator is needed to push back against these claims when falsely claimed by a truly negligent party or the insurance company representing them. While the majority of defendants and plaintiffs will present what they believe to be true to the court, it is certainly not unheard of for negligent parties to try to convince themselves and others that they are not responsible for the injuries they caused in order to escape moral or financial culpability, Mr. Brock explains.

The law firm notes that, in the state of California where they practice, this issue is governed by the “doctrine of imminent peril,” which says that a person cannot be held negligent if the sudden injury, illness, or emergency that they suffered and that, in turn, led to an injury of another, could not have been reasonably anticipated. As noted by the article, the result of these cases is typically determined by whether or not the “reasonably anticipated” aspect of the law can be proven.

While their law firm specializes on representing injured victims seeking damages, The Law Offices of Burg & Brock explains that successful legal counsel must understand and examine the arguments typically presented by both sides of a case. Anyone who has been injured in an accident stemming from the negligence of another party can call the Law Offices of Burg & Brock today at 1-888-979-7979 to see how they can turn their expertise into a victory in or out of court. Potential clients can also visit their website at http://www.LegalDefenders.com.

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Michael Clauw
Cyberset Corp
+1 (818) 883-7277 Ext: 121
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Law Offices of Burg & Brock / Cameron Yadidi
since: 08/2011
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