If you have purchased automobile insurance in Ontario and you have become involved in a car accident, then you deserve to be compensated for any injuries. Yet, before you can get that compensation, you must prove that the other driver was negligent.
Elements required in a proof of negligence
Element number one is evidence that the other party had a duty of care towards the victim of the negligence. Every driver on the road is supposed to avoid taking any action that could hurt one of the other drivers. In other words, if you have been hit while driving, then you should find it easy to show that the other driver had a duty of care towards you.
The second element consists of proof that the other party breached his or her duty of care. If the responsible driver has violated any driving rules, and has gotten a ticket, then that fact helps to support a claim, regarding a breaching of the driver’s duty of care. In the absence of a ticket, the nature of the damage to the vehicle and the nature of the injuries might work to support the existence of that alleged element.
The third element that must be included in a claim of negligence by another party consists of evidence that the victim was injured by that neglectful and careless individual. Usually, medical bills and medical records serve as the sort of material that can qualify as evidence.
The final element demands the establishment of a link. It must be shown that the defendant’s negligence caused the losses suffered by the victim. Those losses could be damage to property or injuries.
That final element underscores the reason that any victim should seek medical help as soon as possible. Victims that delay with seeking medical help provide the insurance company with a reason for reducing the size of any possible award. The insurance company can claim that the delay caused the injury to become worse.
A special rule that applies to drivers in Ontario
In Ontario, the victim of an automobile accident cannot seek compensation for pain and suffering, unless that same victim has suffered a severe injury. The Canadian legal system uses the term catastrophic injury.
Canada has defined the characteristics of catastrophic injuries. Each of those causes the victim to suffer a permanent disability or disfigurement. Canada also insists on evidence of a total disability, as per Personal Injury Lawyer in Kitchener. A disability could result from the loss of a limb or the paralysis of a part of the victim’s body. A disability could also be the loss of vision in both eyes. In Ontario, disabled and disfigured victims have the right to seek compensation for their pain and suffering.