Unfortunately, wrongful death cases are rather common. They are regarded from two different prospective – from the criminal and personal injury standpoints. There are dramatic differences which need to be carefully laid out. For instance, the only intention of the plaintiff in the civil lawsuit of filing for wrongful death is to get compensation for damages that he had incurred. On the other hand, when the topic at hand is a criminal suit, the intention of the prosecution is to legally punish the victim and put him into a rehabilitation facility which is supposedly going to enable him to do better. (more…)
The truth is that the majority of cars are usually going to collide with other vehicles. However, this is not always the case. What happens when a motor vehicle hits a walking pedestrian who is completely unprotected? Unfortunately the consequences are almost always rather devastating. However, let’s take a look at the things that you might want to take into account. (more…)
If you’ve been involved in a car accident and the other party is the one who’s at fault you are going to be faced with a complicated legal procedure in order to get the compensation that you are entitled to. The truth is that it’s far more complicated than it might seem and even though you have the legal rights to get your injuries recovered and paid for, this is not always easy. That’s why you want to make sure that you have someone with proficiency and experience to fight on your behalf. Keep in mind that as per the Insurance Act of Ontario, you will likely have to deal with an insurance company which means that you have to go through their own professional team of adjusters and legal advisors. This is not an easy thing to handle on your own.
However, the truth is that hiring a lawyer is definitely going to be pricey. Luckily for you, when it comes to personal injury law and car accidents in particular, the majority of lawyers in Ontario have established a practice to work on contingency fees. This is a very effective method which serves both parties perfectly, even though the client is the one who reaps the majority of the benefits.
What is the contingency scheme?
This is a relationship between the victim of a car accident and his lawyer under which the former doesn’t have to pay anything until the case is won. This provides him with a sense of security that he wouldn’t lose more money and it allows him to use the services of a professional legal officer.
Usually the lawyer is going to demand a previously agreed upon percentage of the money that he is able to recover. By that logic, if he’s not able to recover anything – you wouldn’t have to pay him up. This is pretty convenient because it provides you with a lot of benefits. First of all, you wouldn’t have to invest money in order to get something which is rightfully yours. Second, by not getting paid in advance, the lawyer is going to have a clear incentive to pursuit the win at all costs because he needs to get his fees.
The case is won – now what?
Usually the check is going to be sent out to the lawyer. He is going to deduct his fees and expenses as you’ve agreed on in the contract and you are going to receive the remaining amount of money. This is a particularly effective practice and it’s definitely serving both sides pretty well. Experienced lawyers know how to handle cases of the kind in order to get the most out of them. You will benefit by hiring the services of an expert injury lawyer that has experience in handling cases similar to yours. That will ensure that they will represent your case better and ensure a higher payout than what you would be able to negotiate on your own.
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.
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.