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The person that has chosen to file a personal injury lawsuit could have one of several different reasons for taking that specific action. For that reason, there are different aspects to each of the resulting personal injury cases.
Aspects to case that has resulted from commission of intentional tort:
• Proof that the defendant had an underlying purpose behind his or her actions.
• Evidence of a causal link between the intentional act and the injury to the plaintiff/victim.
• Proof that victim suffered an injury or some form of property damage. This is usually easy to prove.
• A statute of limitations: There was a limited amount of time in which a personal injury claim could be filed.
Aspects to case that has resulted from performance of an act of negligence:
Person charged with charged with injuring the claimant had a duty of care to that same individual, prior to carrying out an act of negligence. He or she breached his or her duty. The breach occurred when the person being charged accidentally committed an act of negligence. In breaching that duty, the person being held responsible for the injury caused harm to the individual that was under his or her care.
The personal injury lawyer in Collingwood, knows about the statute of limitations. This is when the injured person/victim has a limited amount of time in which to file a personal injury claim.
Aspects to charge that has initiated a defective product case:
A marketer, a manufacturer or a retailer has violated a specific statute in the law.
By violating that statute, the same marketer, manufacturer or retailer has caused harm to a consumer.
The degree of the harm was significant, and it caused the consumer to suffer an injury. It is not enough to say that the consumer almost got injured while using the defective product.
Statute of limitations: The injured consumer has a limited amount of time in which to file a personal injury claim.
Shared aspects of the 3 types of cases:
In each case, the person that makes the personal injury claim must show that the accused party has caused the claimant’s injury. In addition, evidence of the injury should be irrefutable.
A second shared aspect relates to the timing of the claim. It has to be made within a designated amount of time. I cannot be made many years after the claimant has suffered the injury.
Why do all 3 types of cases share the same requirements? That fact reflects the attempt by the legal system to enforce fairness on the part of the person making the personal injury claim. In other words, the legal system feels strongly that the claimant’s attempt to get what he or she deserves should not trigger commission of an act of revenge.