You may have been involved in a car accident that was due to no fault of your own. Even if this seems obvious to you, you must still build up a strong defense in your personal injury claim so that you can receive financial compensation and recover your damages. Read on to discover what the most common defenses used in a car accident case are and how a seasoned Toronto car accident lawyer at Merricks Law Group, P.A. can help you in building one.
What are the defenses commonly used in car accident cases?
First of all, Ontario follows comparative negligence law. Meaning, if you are found to be partially at fault for your accident, your recovery will be reduced according to your degree of fault. For example, if your damages total to $100,000 and you were found to be 20 percent at fault, then you will only recover 80 percent, or $80,000, of the total damages from the other party.
It is more than likely that the defendant will try to place blame on you for the accident, even if it is just a one percent blame. So, if you believe that you should not be blamed at all, you must defend that you had a zero percent contribution to your accident. With this, you must provide pieces of evidence that prove that the other party was 100 percent to blame, such as an official police report, witness testimonies, photos and videos of the scene, medical documents and bills, etc.
Secondly, medical attention is quite important when it comes to car accident cases. So, if the defendant fails to see a doctor, delays in making an appointment, does not follow through with a treatment plan, or otherwise, you can make the defense that their injuries are not as severe as they are claiming. Similarly, the defendant can make the same argument against you, so you must listen to this medical advice. This starts as early as attending to the paramedics and EMTs at the scene of your accident.
What is the statute of limitations for an auto accident claim?
Importantly, the statute of limitations for personal injury claims, like car accident cases, in Ontario is generally two years from the date of your accident. So, if another driver claims you after these two years have passed, you may use the defense that the deadline to do so has since expired.
On the other hand, if you wish to bring forward a claim, you must make sure you do so in a timely manner so that a defendant cannot use this argument against you. For assistance with this, contact a competent Toronto auto accident lawyer today. We look forward to building a legal strategy with you.