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Although mishaps are very common, it does not mean that pain and confusion will not result after an accident that causes serious damages either to you or your loved one. In case of an accident that is triggered by other people, the tort or personal injury law allows you to go to a court of law and get compensated for all damages that stemmed from the accident. The tort system allows any injured person that has suffered any harm due to the negligence or intentional act of others to be compensated financially. However, the personal law system is not an easy road to navigate by yourself, ensure that you have a qualified personal injury lawyer Toronto to protect your rights and explain to you in detail some of the legal jargon.
Basics of Tort Laws
The personal injury rules cover many different situations, some of them include:
- Intentional acts: Personal injury law is applied in a case where a person intentionally causes harm to other people. For example, battery and assault among many other cases.
- Accidents: This include cases where a person acts carelessly and his or her carelessness causes harm to other people. For instance, slip and fall, car accidents, and medical malpractices among many other cases.
- Defective products: There are cases where a defendant can be found guilty without intentionally causing harm or being negligent. For example, if the defendant is found to have manufactured defective products, the manufacturer will face product liability claims.
- Defamation: This tort law applies when statements made by a person are found to be defaming and cause harm to a person’s reputation.
How Personal Injury Cases Work
There are no accidents that are similar. Therefore, there are no similar personal injury cases. However, all cases will follow similar procedures including:
The defendant has committed bodily harm to the plaintiff: This can be anything bad from the defendant. However, there is an exemption of contractual breach cases, which are unraveled by a separate body of law that is known as contract law.
The plaintiff proves that there was a breach of legal duty by the defendant: The legal duty that is breached will depend on the circumstances in which the injuries occurred. For instance, a doctor is supposed to provide medical care with a certain level of competency that any skilled healthcare provider would have used under similar circumstances. Manufacturers are also expected to manufacture and package products that are not dangerous or defective.
Settlement talks: After it has been proofed that the defendant has breached any legal duty, the defendant or their insurance company may opt to settle outside the court. This involves offering a certain amount of money to compensate for all the damages caused to the plaintiff. If the plaintiff accepts the offer, then he or she is bound not to go and file a personal injury case lawsuit. An experienced Toronto personal injury lawyer will help you through this talks and only agree to settle if the amount is right.
In case you do not agree on the settlement amount, you can proceed and file a personal injury case in a court of law. Your Toronto personal injury lawyer at Futerman Partners LLP will continue with the settlement proceedings even after you have filed a lawsuit. Your attorney will also work with the other party, and it is possible for them to arrive at an agreement before the civil case is handed over to the jury.