The truth is that when people hear about car accidents they immediately relate with the injured party. However, just because someone is injured that doesn’t mean that he has the right to seek monetary compensation. Nevertheless, a variety of different reasons incentivize people to seek compensation even when they aren’t actually entitled to it and if you fail to defend yourself you might end up paying something that you do not actually own. That’s why you need a strong personal injury lawyer who is going to undertake the necessary strategies to handle the situation. Let’s take a look at some of the strategies that you might be interested in.
Applying the Statute of Limitations
Every single claim has a certain time frame that needs to be considered. This means that if you fail to file your claim within it, you won’t be able to do so afterwards. The same goes for car accident claims in the province of Ontario. So, normally, the first thing that your lawyer will need to do is to determine whether or not the claim has been filed on time. If not, all he needs to do is determine the starting point of the preclusive term and to show that the deadline hasn’t been accounted for and the court is going to dismiss the claim.This, of course, is the best case scenario but the sad truth is that in the majority of cases you wouldn’t have that luxury, so, moving on to the next ones.
Claiming contributory negligence
This is a common institute and a very successful defense line, should the lawyer manage to put it down appropriately. Contributory negligence engages the responsibility of the plaintiff. Basically, you are claiming that he’s also liable and that you want the compensation to be reduced accordingly or dismissed entirely.
Failure to mitigate the damages
The injured party has the responsibility to do whatever he can in order to mitigate the damages. This is particularly helpful and something that you should thoroughly consider. If the opposing party hasn’t done so – you can act upon this. However, you need to understand what this duty means. In simple words, it means that you have to do everything you can in order not to make things worse.
As you can see, there are quite a few different things that you might want to take into account when it comes to your own defense strategy. There are no two identical cases so you need to figure out which one is most applicable and effective for your particular situation. This is going to allow you to act properly and to mitigate your own damages in terms of compensation or to get the case dismissed entirely, which is definitely the best scenario.
However, to ensure that you get justice, it is important to hire the services of a personal injury lawyer in Orillia. They have the skill of negotiations and mediation apart from ample experience in standing for trials.