While Canada’s streets are serene and picturesque, a shadow of accidents trails the mountains and valleys. The numbers vary by province, but Alberta experiences almost 100,000 car accidents yearly, racking up 260 collisions a day. This is alarmingly high compared to other regions. If you or a loved one has been involved in an accident, consider hiring proficient legal aid such as MNH Injury Lawyers in Alberta to navigate the restitution process. The following are five things you need to know when researching personal injury claims.
1) Actionable Cases Require You to Prove Five Elements of Your Claim
Negligence is the most common causative factor in personal injury lawsuits, and every successful case must prove five key elements:
- That the defendant owed the plaintiff a duty of care.
- That the defendant failed to exercise that duty.
- That their breach caused the plaintiff’s injury.
- That the plaintiff experienced legitimate harm.
- That the defendant’s responsibility for the accident was greater than the plaintiff’s.
The last element is the most misunderstood part of personal injury cases. If you were partly responsible for your accident, you can still hold another party accountable for their role in your injury. If you suspect you’re partially at fault, don’t let it prevent you from seeking restitution.
2) Personal Injury Fault Can Apply to Several Entities
British Columbia functions based on contributory fault. That means the courts will hear your case even if your actions were less than prudent. Multiple parties can play a role in a single accident. Both are partly responsible if the plaintiff used a phone during the collision, but the at-fault driver caused the crash by skipping a red light. If, however, the courts find that the at-fault driver was more than 50% reliable, they will compensate the plaintiff. Similarly, if the driver in question was functioning with faulty brakes, the manufacturer could become a third contributor.
3) Most Cases End in a Settlement
Personal injury cases can be expensive for both the plaintiff and the defendant. For that reason, 98% of them end in an out-of-court settlement. If you’re amenable to the option, your lawyer will negotiate with the defendant to reach a reasonable compensation amount, saving you the time and stress involved in a trial. Settlement isn’t always the ideal option. If the defendant is lowballing and you have a particularly strong case, your lawyer might suggest you refuse any pre-trial offers.
4) You Have the Power to Build a Strong Case
The plaintiff and defendant are often the only people at the site of the accident, and this is a critical time to start building your case. A doctor’s visit is one of the most important actions you can take to convince the courts of the scope of your damages. You should also:
- Collect the contact details of witnesses.
- Take photographs of the accident site.
- Fill out all police reports and medical documents.
- Keep a running tally of your lost income and medical bills.
- Record the transportation costs of your trips to and from doctors.
These records will help your lawyer calculate a realistic compensation amount. They’ll also make your case more convincing to your judge and jury. While your lawyer will return to the accident site and collect medical data, nothing can fill the gaps if you don’t see a doctor in good time.
5) Future Damages Matter
Injurious accidents dramatically impact your finances, and the effect doesn’t stop the moment you go to court for the first time. Your accident may continue to affect your income and increase medical expenses years later. You might need therapy in the future. Your disability might worsen, and you may need to invest in accessible household features. All of these expenses are a part of your damages. Your medical team can help you to formulate a prognosis, which will, in turn, inform your compensation amount.
Personal injury courts hold negligent parties responsible for their actions while assisting those they’ve hurt. Still, building a case is complicated. The more you contribute, the stronger your chances of a settlement will be.
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