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Being involved in a personal injury claim is something challenging and rather bothersome, if we have to be completely honest. If you are thinking about filing a claim of the kind, you should be well aware of the types of arguments that you should employ and rely on. These arguments are also commonly referred to as defenses so that’s not the traditional sense of the word. However, if you are on the other side of the case as a defendant and the claimant is trying to establish that you are to blame for causing the injuries in question, you need to be well aware of the defensive strategies that you need to employ in order to ensure that everything is handled perfectly and that you are not found guilty. When it comes to the defenses in personal injury law, it’s usually one of two things:
1) What the plaintiff actually did in the accident – whether or not he had any role in causing it, for instance and
2) What the plaintiff failed to do after he had sustained the injury – whether or not he got the necessary medical attention
Comparative Negligence
This is one of the most commonly employed defensive strategies when it comes to personal injury law. Now, as you may know, the state of Ontario employs the so-called “No fault” rule which is regulated and stipulated in the Rules of Fault Determination as part of the Insurance Act of Ontario. This is something incredibly important as it’s going to ensure that regardless of whether or not you are at fault, you are capable of seeking compensation from the insurance company. However, it is easy not deal with the company on your own.
However, when you want to recover damages from the defendant, the things are slightly different and fault plays a very critical role. One of the most commonly used defensive strategies is the one which entails comparative negligence. The lawyer will make a case that his client is not the only one to blame for the accident as it is being claimed so far. This is something important and it needs to be taken into account. Should the court take it into consideration and gives it merits, the compensation’s amount is going to be reduced accordingly. That is to say that if the plaintiff has 25% contributory negligence assigned to him as it should, he will receive 25% less than he would have if he wasn’t found at fault.
This is something particularly important and it needs to be taken into very serious consideration. However, it’s important to rely on a professional personal injury lawyer who is experienced and well aware of all of these specifications. This is going to ensure that your interest is properly represented in front of the court or the insurance company, depending where you are filing. Let your lawyer handle the details.