The key to success in winning a personal injury case derives from the ability to show that the defendant exhibited negligent conduct in the moments leading up to the injury-causing accident. That means displaying behavior that appears careless and neglectful.
Significant features of negligent conduct:
The defendant has failed to exercise the expected level of care.
The defendant’s actions were contrary to those of a reasonable person, or the defendant failed to do what a reasonable person would do.
The victim has the right to seek compensation for damages caused by the defendant’s behavior.
What the victim must prove, in order to secure the desired compensation for damages?
The defendant had a duty of care towards the plaintiff. The expectations of society had given rise to the duty of care. As a result, that duty did not call for the making of great sacrifices.
During the moments that led up to the accident, the defendant failed to demonstrate the expected level of care. In other words, he or she failed to exhibit the anticipated standard of care. Personal Injury Lawyer in Kitchener knows the defendant’s negligent behavior caused the plaintiff to suffer quantifiable injuries. Moreover, the defendant could have foreseen the harm that would result from his or her careless and neglectful actions.
What happens if the plaintiff/victim has failed to prove the elements of negligence, which were given above?
In that case, the court would have the right to refuse to file the submitted personal injury claim. The legal system has created that rule, in order to keep members of the public from filing frivolous claims. Once a claim has been filed, the claimant has the right to pursue a personal injury lawsuit, one that focuses on the same case. Consequently, the rules on filing a claim keep members of the public from filing a frivolous lawsuit.
Any accident victim should make note of the way that the legal system forces a claimant to file a soundly backed lawsuit. Some victims hesitate to pursue a lawsuit, because they think that others have forced the court to deal with an inconsequential case. In reality, a victim that has hired a lawyer allows that member of the legal community to determine the serious or frivolous nature of the client’s case.
Yet even the lawyer’s opinion might come up against a different opinion from the court. On the other hand, a good attorney might be able to showcase the degree to which the client’s case qualifies as one that deserves to be heard. For instance, an attorney might uncover evidence of overlooked injuries. Perhaps that discovery could reveal the existence of quantifiable injuries. That same discovery would shine the limelight on a case that deserved to be heard.