Your involvement in a personal injury accident may have happened so quickly and unexpectedly that you have difficulty identifying its root cause. Well, more often than not, you can count on another party’s acts of negligence to be the blame for it all. If such negligence exists, then you may have a strong personal injury case on your hands. With that being said, please continue reading to learn how negligence applies to your claim and how an experienced Ontario personal injury lawyer at Merricks Law Group, P.A. can help you prove it.
How does negligence apply to my personal injury case?
In Ontario tort law, negligence is a fundamental concept seen in civil cases involving unintentional harm caused by careless actions or omissions. Its exact definition is a breach of a legally-imposed duty of care. Further, this breach may constitute an order for financial compensation, in a civil action for unliquidated damages. A comprehensive explanation as to how negligence may apply to your personal injury case directly reads as follows:
- The other party involved in your personal injury accident may have owed you a duty of care to act attentively or otherwise practice safety.
- The other party may have breached their duty of care by instead acting inattentively or otherwise ignoring common safety practices.
- The other party’s inattentiveness or unsafeness may have directly prompted your personal injury accident to play out.
- The aftermath of your personal injury accident may have directly caused you to suffer bodily injuries and property damages.
- Your bodily injuries and property damages may have directly caused you to suffer great economic and non-economic losses.
How do I prove negligence in my claim?
In your personal injury claim proceedings, you cannot simply tell the civil court that the other party (i.e., the defendant) acted negligently. Rather, as the plaintiff, you have a burden of proof in that you must prove to the court that the defendant acted negligently via tangible evidence. Much of the proof you need to satisfy this burden is likely present at the scene of your personal injury accident. So we always recommend our clients to take a moment and gather the following, when they still have the chance to do so:
- A copy of the accident report written by the responding law enforcement officer.
- A copy of the medical report written by the responding EMTs and medical professionals at the emergency room.
- A video or audio recording of the defendant’s admittance of fault immediately following the event.
- Photos and videos of your bodily injuries, car damages, and other contributing factors present at the scene.
- The contact information of eyewitnesses willing to testify in your claim proceedings.
We strongly encourage you to retain the services of a skilled Ontario personal injury lawyer. You may do so by scheduling an initial consultation with Merricks Law Group, P.A. today.
