Personal Injury Lawyer for York Region, Vaughan, Newmarket, Aurora, Richmond Hill, Thornhill, Toronto Discusses Proving Negligence For a Car Accident
Negligence is often described as a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. In order to prove negligence in a personal injury claim, the plaintiff must establish that the defendant had a duty of care; that the defendant breached the duty of care; and that the duty of care caused the plaintiff's damages.
In an Ontario personal injury case, the plaintiff has the burden of proving negligence. The approach to proving negligence may differ depending on the nature of the case (ie. car accident, trucking accident, pedestrian accident, slip and fall, or product defect). Although every case is different, there are several types of evidence that would generally help to prove negligence. These may include the following:
- Witness statements
- Expert evidence in the form of engineering studies, or accident reconstruction reports;
- Photographic and video evidence
- Invoices, estimates and receipts
- Incident Reports
- Accident Reports
Issues regarding negligence can be complex and are often heavily contested by the defendant. As such, it is important to act quickly to secure the important evidence. Critical witnesses may move on and become difficult to locate, and their memories fade with time. Consulting with an Ontario Personal Injury lawyer immediately will give you the best chance of securing and preserving the evidence that you will need to prove your personal injury case. You can be sure that the insurance company for the defendant will immediately mobilize to investigate the claim and obtain information to help them defeat your claim.
When a resident of Ontario Canada has been injured while visiting the United States, they may be able to commence a claim in Ontario for compensation and benefits to which they are entitled. In addition to assiting you in obtaining accident benefits or disability insurance payments from your Canadian insurer, you may also be able to commence a tort claim in Ontario. In situations, where you must bring the action in the United States, Ontario personal injury lawyer Andrew Iacobelli can also coordinate with counsel in the United States to pursue your claims in the jurisdiction where the injury occurred.
If you are an Ontario resident, and were injured in a car accident in the United States, the at fault party may be uninsured or underinsured. Many States have lower minimun insurance requirements for drivers than Ontario. In those situations, you may be able to advance a claim in Ontario, Canada for the uninsured and underinsured benefits that form part of your Ontario motor vehicle insurance policy. These types of personal injury cases can be complex and you should not delay in consulting a Ontario personal injury lawyer to make sure your rights are fully protected.
Ontario lawyer, Andrew Iacobelli, obtained his Juris Doctor degree (cum laude) from Michigan State University and he is licensed to practice law in the province of Ontario and in the State of Michigan and State of Florida. Andrew is also admitted to practice in the United States Federal Courts for the Southern, Middle and Northern Districts of Florida, and the United States Eleventh Circuit Court of Appeal. Before returning to Ontario, Andrew litigated serious personal injury, wrongful death, and insurance bad faith claims in the United States. Andrew has established a network of legal professionals in the United States with whom he is able to co-ordinate legal proceedings which must be conducted in the United States.
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