Tuesday, May 9, 2017

About The Procedures Followed By Personal Injury Lawyer In Barrie

Accidents can happen anytime, but the fact that you can claim damages for the injury that you sustained in any accident due to the negligence of others, is a solace. Therefore, knowing about torts and the working procedure will help you in ascertaining the cases in which you can effectively file a lawsuit against the party at fault. The working procedure followed by the Personal Injury Lawyer in Barrie is immensely different from any other civil or criminal cases. In personal injury cases there are no arrests made and the most important and significant factor in the success of personal injury case is proving negligence.

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The Statute of Limitations

There are different limitations as far as the time for filing a lawsuit is concerned. This is called the statute of limitation which may vary from state to state and also according to the type of accident. This is formulated after careful consideration of several factors and with an objective that everyone gets a chance for a fair trial and time to ascertain the fair amount of claiming compensation. Therefore the Personal Injury Lawyer in Barrie will have more time to file a lawsuit on your behalf for medical malpractice case than a slip and fall case. The counting of the days for the statute of limitation starts from the day you sustained the injury.

The Torts of The Law

Both incidental as well as intentional cases is included within the torts of personal injury law. The incidental cases involve the behavior of the responsible party to the accident. It is here where the Personal Injury Lawyer in Barrie has to work hard to probe negligence of the said party. It is primarily proving that the responsible party failed to follow or comply with the set duty of care that caused tangible harm to the victim. For such a reckless and negligent behavior that caused the accident you can hold the party responsible and liable for paying for the damages caused to you.
 
The Intentional Torts

On the other hand, intentional torts involve the cases like battery or assault in which there is an intention of one party to cause tangible harm to another. This is the most common type of intentional cases that a Personal Injury Lawyer in Barrie has to deal with. Apart from these cases there can be more complicated cases that may involve defamation and inflicting emotional pain intentionally on others. Though proving fault and identifying the person at fault may be difficult but a personal injury lawyer who is well versed with the law can prove it easily.

The Burden of Proof

The burden of proof will depend on the type of case, its severity and other factors. There may be different types of case from dog bites to slip and fall, from medical malpractice to wrongful deaths, from car accidents to defamation and the burden of proof has to be substantiated separately for each case along with the preponderance of the evidence. Visit Here: DPC Injury Law