Wednesday 17 July 2019

Can An Injury Lawyer In Mississauga Effectively Establish A Defendant’s Fault & Fight Defence Claims?

It is easy to claim that the negligence of an individual resulted in an accident leading to a victim’s injuries as well as other losses.However, it is extremely hard to prove that an individual is responsible for a claim. In most lawsuits pertaining to the personal injury accidents, a defendant’s insurance company has to pay the compensatory damage for a victim’s injuries or losses. The insurance companies are commercial entities and they do not like to stop making the profit from the invested money. An insurance company may deny a victim’s claim and may ask him/her to establish a defendant’s liability through a lawsuit. Hence, it is prudent to retain the service of an injury lawyer in Mississauga before filing any lawsuit, as the knowledge and experience of an attorney is crucial in order to establish a victim’s liability.

Establishing Fault

To establish a defendant’s liability, it is essential for an injury lawyer in Mississauga to prove three different factors. At first, a lawyer has to prove that a defendant owed a duty of care to the defendant. It is equally essential for an injury lawyer to prove that a defendant’s negligence/carelessness resulted in the breach of this duty of care and led to an accident. The aforementioned points lay the foundation of establishing a defendant’s liability.

It is equally essential for an injury lawyer in Mississauga to prove this breach in duty of care resulted in an accident and led to victim’s injuries. The last point is the most vital factor in establishing a defendant’s liability in the court of law or during the settlement negotiation. If there is no physical injury or other losses, then a victim is not eligible to receive any compensation despite being a victim of wrongful actions.To prove these points, an attorney presents a strong argument in victim’s favour using corroborating evidence.

Fighting Defences

The knowledge and expertise of an injury lawyer in Mississauga is equally important to negate the defences raised by an insurance adjuster or a defence attorney. A defence attorney may present different types of defences. For example, he/she may claim that a victim is partially responsible for an accident or the injuries stemming from an accident. A defence attorney may even claim that a victim’s physical conditions worsened due to the lack of adequate medical care. These defences may significantly reduce the amount of compensation and it is essential to retain the service of an experienced injury lawyer to prevent this loss.

The ‘Forseeability of harm’ is another limiting principle in the law of negligence. In this scenario, a defence attorney may claim that it was impossible for a defendant to foresee this type of harm resulting from an act of negligence. Therefore,he/she cannot be held liable for a victim’s injuries. A personal injury lawyer in Mississauga can prevent a defence attorney from claiming this defence in order to release a defendant from the liability of paying financial compensation. Visit Here: MPC Personal Injury Lawyer