Lawyer Attorney
Toronto Personal Injury | Accident Lawyers | Attorneys
A Toronto personal injury attorney or accident lawyer is nothing more than a civil litigator / barrister who focuses his or her practice on helping people bring or defend lawsuits dealing with personal injuries. These accidents could stem from medical malpractice, occupier’s liability (e.g. slip and falls), shoddy products, poor workplace safety, dog bites, etc. Unlike in criminal cases (where the state or government is the party that is prosecuting an accused person), in civil cases, one or more parties sue each other and the state is typically not a party to the proceedings.
What can Personal Injury Attorneys | Accident Lawyers do for you?
Personal Injury Attorneys | Accident Lawyers can help you in the following:
- Assess your claim in terms of your rights, liability, damages, and possible outcomes.
- Explain the civil law process from the time you believe a claim arises through to trial, and finally to a court order and (perhaps) appealing a court order (if it gets there).
- Negotiate with the opposing side to reach a settlement.
- At trial, challenge witness’ credibility and testimony.
- At trial, present expert evidence in the form of expert testimony and reports that are favourable to their client.
- At trial, point out past cases (called precedents) that are in their client’s favour and draw analogies and parallels, while trying to distinguish unfavourable precedents.
- At trial, protect their clients from answering inappropriate or irrelevant questions (e.g. questions that would tend to self-incriminate a party, questions which have nothing to do with the trial, or questions which makes the party give testimony which they are not competent or otherwise qualified to give, etc.).
The onus of proof
In Ontario civil trials, parties must generally establish the elements of their case on a balance of probabilities. This means 50% + 1 %. Hence, to establish that a party was negligence or breached a contract, it must establish that that party was more likely than not to have done so. If, however, the elements of the offence are established, then a judge or jury may still find no liability or reduce damages accordingly if the other party had some type of justification or excuse (e.g. undue influence, duress, etc.).
When to consult with or hire a Personal Injury Attorney?
Immediately on becoming aware of the fact that you have been injured or suffered damages, you should consult with a personal injury attorney. They can help take away your stress by explaining the law (e.g. your rights, your obligations, your entitlements, etc.), helping to formulate a proper strategy, and telling you about how the civil law process works from start to finish. Again, if you need legal advice with respect to retaining a Toronto personal injury attorney, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).
Legal News Headlines 5/20/2010 – Arizona Immigration Law
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