If a personal injury case comes to trial, the lawyer representing the plaintiff must prove that the defendant acted in a careless and neglectful manner. The evidence of such behavior serves as an example of negligence on the part of the defendant. So, how can a lawyer prove a defendant’s exhibition of negligence?
Essential characteristics of behavior that qualifies as negligent:
The person that acts in that way has failed to exercise an appropriate level of care. On the other hand, the same person did not intent to inflict any amount of harm upon the victim/plaintiff.
Questions that will be asked by a judge and jury:
Did the accused party have a duty of care toward the plaintiff? If so, how extensive was that duty of care? For instance, could someone be charged with wrongdoing by swaying the beliefs of an individual? In Canada, each of us must sort out the beliefs that he or she wants to support and defend. In some countries, the government tells people what beliefs are acceptable, and which are not.
Did the defendant breach his or her duty of care? The legal authorities in the Canada do not condone the act of standing-by and watching, while a bully goes after an innocent person. The bystander has a duty to do something. By the same token, the bully has breached his or her duty of care by taking an unnecessary action against another person.
Did the breach committed by the defendant cause the plaintiff to suffer an injury or loss? This is the most significant of the 4 questions that the judge and jury will be asking. If the plaintiff acted in a way that aggravated the injury or loss, that fact will diminish the strength of the plaintiff’s argument.
Did the injury of loss suffered by the plaintiff become the basis for a marked monetary loss? Did the plaintiff lose a decidedly large amount of money, because he or she got injured or got robbed of a something of value? There needs to be proof of that fact, for the plaintiff to win an award, after charging a defendant of having delivered a personal injury.
Summing up what has been said:
A lawyer for the plaintiff must prove 4 things, in order to show that the defendant did indeed injure the plaintiff’s person or personal property. Of those 4 items, the third is usually the hardest to prove. If a plaintiff has contributed to the claimed loss or injury, that same plaintiff must accept a smaller award from the court.
If an Accident Lawyer in Cambridge fails to prove that all 4 things are true, then the plaintiff will not receive the anticipated award.
