Personal injury is without a doubt, one of the busiest fields in the entire legal department. The reasons are rather obvious – accidents involving orthopedic and light injuries as well as common pedestrian, slip and fall and other forms of accidental occurrences happen every day and that’s the field which regulates them thoroughly. However it’s safe to say that the province of Ontario is amongst the leaders in numbers of vehicular accidents and it’s worth outlining the parties who are going to be taking part in an eventual trial procedure.
Regulating Act of Insurance
It’s worth noting that the province of Ontario is regulated by the Insurance Act of Ontario which contains rules of fault determination. There is one particular clause in those rules which is commonly referred to as the “No Fault” rule which renders the insurance company to pay off monetary compensation regardless of the assigned fault. This is why the majority of car accidents are never going to reach the courtroom. However, when there is excessive liability which isn’t covered by the insurance policy, the victim is fully entitled to compensation.
The victim is going to comprise the charging party which is referred to as a claimant or a plaintiff. The civil lawsuit is initiated with his claim. He has to stipulate the argument and the way in which his rights were affected as well as the compensation that he seeks from the court. This is the first stage of the trial which would involve an opposite party. A reporting judge is going to check the filing and decide whether or not it’s admissible. If it is, the injury lawyer of Kitchener is going to forward a copy for the defendant and he would be provided with one month to respond. The case is going to be moved forward afterwards regardless of whether or not he provides the court with an answer.
Role of defendant
The opposite party is called a respondent and he is generally the one who is being sued for the compensation. In the majority of cases he is the liable party but this is to determined by the court with the final ruling. In the civil lawsuit there is no sentence as there aren’t any criminal charges. This procedure does not seek punishment of the respondent but it seeks to compensate the injured party and restoring the actual balance in their relationship.
The civil lawsuit has stringent procedural provisions which have to be met thoroughly and that’s why the presence of an attorney is incredibly advisable. It’s just too much for an ordinary person to handle on his own even though it’s not impossible. However, it’s safe to say that this might lead to incompetent defense or claiming. Thus, it is best to consult a lawyer and hire them for providing you with the best information about the legal jargon and technicalities of the case. They will be able to protect your rights.