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Navigating A Personal Injury Lawsuit Can Be Challenging

Jan 14, 2019

personal injury law with gavelWhenever one person's negligence causes physical harm to someone else, the injured victim might be entitled to pursue financial relief to cover damages. Personal injury laws in Ontario base claims for damage recovery on proof of negligence. This might be the most significant challenge for the plaintiff who will have to show the court that something that the defendant did -- or failed to do -- caused injuries that led to financial losses.

Every person has a duty of care to avoid actions that expose others to unreasonable levels of risk and harm -- whether intentional or unintentional. In some cases, like clearing dangerous snow accumulations from the sidewalk in the winter, the lack of action could constitute negligence. An individual is expected to take a standard of care that any ordinary, prudent and reasonable person would take in similar circumstances.

The court determines whether the person was reasonable in his or her actions or nonactions, it will consider whether the harm caused could have been anticipated. Also, it will determine whether the incident that caused the injuries could have been prevented but for the defendant's negligent actions. The court will look at the severity of the harm, and consider what it would have taken from the defendant to prevent the incident.

An experienced personal injury lawyer can help to navigate such a lawsuit. He or she will have to prove that the defendant had a duty of care to the plaintiff, failed in that duty and that the failure caused harm to the plaintiff. When such a claim is successfully presented in an Ontario civil court, the judge will then adjudicate documented claims for financial and emotional damages.

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