Car Accident Lawyer - Personal Injury Compensation Claims
A road accident compensation claim arises out of a motor vehicle collision that results in injury and loss caused by a negligent 3rd party. If you have suffered injury in a car accident was not your fault, you should instruct a specialist car accident lawyer to file a claim for damages on your behalf. Lawsuits for road accident compensation claim settlements are carried out on a contingency basis which effectively means no win, no fee. This means that you don’t have to pay the car accident lawyer throughout the case unless and until the compensation claim is won. If you win the case, you pay the car accident lawyer and keep the rest. If your case is lost, you don’t get any money but you don’t have to pay your lawyer any money either. The defendants insurers must, on the other hand, pay their lawyer, win or lose, throughout the lawsuit. If you have been injured in a motor vehicle accident as a driver, rider, passenger or pedestrian and you would like free advice without any further obligation from a specialist personal injury lawyer just contact our offices.
Motor vehicle accident compensation claim settlements are governed by the general law of negligence which dates back to the fourteenth century when a man in England lost a horse on a ferry that sank whilst crossing a river. The law of negligence has been continuously honed and developed since then. Most personal injury cases based on the law of negligence that are determined in a court of law in Canada relate to collisions involving motor vehicles where claimants are represented by specialist car accident lawyers. Negligence has many definitions and can come from acts of omission—failure to do something that a reasonable person would have done or from acts of commission—actively doing something that a reasonable person would not have done. :-
"The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to other people."
Standard of Proof
A personal injury lawyer must go through several steps in order to make a successful damages claim following a car accident. It must be shown that the defendant in the case owed a duty of care to the injured party. All road users owe a duty of care to all other road users so this part is usually straightforward. The claimant must then prove, on the balance of possibilities that the defendant’s behavior has fallen below a reasonable and acceptable standard. This is the main thrust of an allegation of negligence in a car accident claim. The claimant car accident lawyer must show that it is more likely than not that the defendant was negligent. This is easier than the standard of proof in a criminal trial which requires proof ‘beyond all reasonable doubt’.[A criminal conviction of the defendant for a moving traffic offense isn’t necessary to make a claim in the civil courts but it helps greatly.] The car accident lawyer must then prove that injury and loss occurred as a result of the defendant’s negligent actions. Most financial losses are obvious and a damages award will cover them while others are considered remote and not claimable because they were unforeseeable.
Once it is determined that a third party was to blame by way of negligence for a motor vehicle accident, a car accident lawyer goes about assessing the value of the injury and any financial losses. The value of pain and suffering for personal injury is determined after consideration of the extent of the injury, the recovery period and whether or not there are any long term disabilities. Other losses are calculated where possible or are assessed by a judge who has the final determination of the overall value of the award after representations from lawyers on both sides.
Car Accident Lawyer
If you are a victim of a car accident, you need to see a personal injury lawyer who only gets paid if you win your claim. This is a lawyer who is an expert in motor vehicle accidents and who understands the type and scope of injuries that can be sustained in car accidents. The car accident lawyer will negotiate with the 3rd party insurance company and, if they do not get agreement for the dollar amount they want, they can go to trial to get more money on the table for you. Our lawyers are expert personal injury advocates and only deal with road traffic accident claims. For free advice with no further obligation just contact our offices.