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If you have been involved in an accident caused by someone else and you’ve incurred some injuries – there is a very good chance that you are going to have to turn to the opposite party’s insurer for the compensation. However, you would need to prove that the other side was actually responsible for the accident which effectively caused your injuries.
The burden of proof
The person who is actually seeking the recovery of damages in a personal injury claim is the one who is burdened with proving that the defendant is responsible. The injured party is, therefore, particularly obligated to determine that it is exactly the defendant who has caused the accident which was the cause of the injuries. The plaintiff can meet said burden by providing the necessary evidence which unambiguously shows that the defendant bares the responsibility.
Determining negligence
When it comes to it, the party who claims the damages needs to determine the negligent behavior of the opposing side. Negligent behavior means such behavior which is in breach of certain rules and regulations or failing to deliver the necessary duty of care and hence breaching it effectively. The duty of care is the necessary responsibility that you need to put towards certain activity. For instance, when you own or rent a parking lot during the winter you need to ensure that it’s properly cleaned in order to prevent slipping.
Right after the negligence is determined; the injured party needs to show damages. They can be both physical and emotional. Emotional damages derive from the turmoil and distress that the injured had gone through. What is more, he might also claim pain and suffering. Physical damages, on the other hand, are characteristic and easily defined because they have visual representation and could be perceived by everyone involved.
The last thing that you would have to take into account is the proximal link between both. This means that the negligent behavior that you have established led to the accident which caused the injuries and that there is nothing in between. In order to do so you need to determine that if said negligent behavior hadn’t manifested, these exact injuries wouldn’t have existed. You can also look at it the other way around – those damages could only be caused by this behavior, it’s the same thing from different prospective but it also changes the line of proof.
Rely on professionals
The truth is that handling the insurance company and submitting the proof you are going to use is no walk in the park. You are going to need to rely on a professional personal injury lawyer who is experienced, well versed and prominent in his field of expertise. You can look online or get referrals for the best lawyer in Orillia from your friends and family. It is best to schedule an appointment and get an estimate on the amount of compensation that you can receive.