The person that has filed a personal injury claim hopes to receive a fair compensation for his or her losses. Yet, until fault has been established, no one person can be held liable for paying compensation to the plaintiff.
Once one party has filed a personal injury claim, the facts of the case must be investigated.
The injury lawyer for the plaintiff studies the collected evidence.The insurance company of the defendant puts together a defense team. That same team carries out its own investigations. If the facts uncovered by the 2 investigations do not agree, then the case could make it way to a courtroom.
Fault is usually linked to negligence, on the part of the person that has been named at-fault.
In a courtroom, a Personal Injury Lawyer in Kitchener for the plaintiff would have to show that that the defendant had a duty of care, with respect to the lawyer’s client (the plaintiff). If the lawyer’s argument had shown the existence of such a duty, there would be 3 other elements of negligence that would need to be demonstrated.
What was the defendant’s attitude toward that particular duty? Did that attitude encourage a breaching of the defendant’s duty?
What happened after the defendant breached the identified duty? Did the plaintiff then get injured? A link between the breaching of duty by one party and the creation of an injury on an opposing party constitutes the most vital of the 4 elements of negligence. Still, even if a defendant’s actions caused only a minor injury, the victim would have trouble getting a court to accept such a case. The final element of negligence concerns the nature of the reported injury. That injury must be significant enough to cause a measurable loss on the plaintiff’s part.
The full extent of the loss does not have to become apparent soon after the accident. In fact, lawyers urge their clients to refrain from negotiating with the insurance company until after their client has arrived at the point of maximum medical improvement (MMI).
An act of marked negligence, such as driving while intoxicated, tends to result in injuries. Hence, any driver that has been hit by an intoxicated motorist ought to insist that everyone riding in the impacted vehicle undergoes a physical examination.
If any younger people were in the car, it could make sense to take them to a pediatric neurologist. That specialist might unearth evidence of a head injury. If that were the case, then the negligent defendant could be made responsible for the prescribed treatment, and for coverage of any costly, complicating factors.