W

• Waiver

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Waiver legal definition: The function of a waiver in the legal world is to allow a person to voluntarily and intentionally relinquish a right. Waivers are usually in the form of a written statement. For example, before riding some amusement park rides you may be asked to file a waiver or your right to file suit in the event you are injured.

However, it should be noted that no waiver or other legal forms will prohibit someone from filing a lawsuit if negligence is to blame for the injury.

Waivers and Car Accident Injury Cases

In car accident injury cases, waivers come into play when you are reaching a settlement of your claim. In these instances, a document called a release of liability serves as a waiver and prevents someone from filing for further damages for the same incident.

Waivers and Medical Malpractice Cases

When a patient undergoes surgery or another medical procedure, they will likely be asked to sign a release or consent form – which is a type of legal waiver. The purpose of a medical waiver or release is to ensure the patient gives what is known as “informed consent” to undergo the procedure after being warned of possible dangers and complications. 

Medical waivers generally include information such as:

• A description of the surgery or medical procedure in question

• Complications, dangers, side effects, and other concerns

However, just because a patient signed a medical waiver does not mean they cannot later file a malpractice claim should the worst-case scenario occur – a serious injury is suffered. Even if they sign a waiver, victims of medical mistakes may file malpractice claims if:

• The patient suffers from a complication or danger that was not included in the waiver but should have been

• The patient was pressured to sign the form

• The patient was not mentally competent to sign a waiver

• The patient suffers an injury or complication that was not well explained on the release

• There is evidence that gross negligence played a role in your injury or ailments

Waivers and Personal Injury Cases

If you or someone you care about has suffered a personal injury and you are unsure if a waiver you signed will bar you from filing a lawsuit to recover damages, don’t despair: Call Pribanic & Pribanic today. Our lawyers have handled nearly every type of personal injury action and can advise you about how a waiver will affect your ability to recover damages for injuries suffered because of a:

• A car crash

• A slip-and-fall accident

• Amusement park attraction

• Dangerous or defective product

Sources:

http://dictionary.law.com/Default.aspx?selected=2233 

https://www.alllaw.com/articles/nolo/medical-malpractice/release-consent-forms-preclude-suing.html 

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