Motor-vehicle accidents can be devastating events, however major or minor they are. Apart from physical injuries, they also cause mental trauma, anxiety, depression, confusion, phobias, lack of sleep, stress-related problems etc. Some of these issues, including physical problems, may manifest at a later date. For instance, whiplash injury and related problems like temperomandibular disorder or internal organ damage could crop up later, since they may be missed in the initial diagnosis. Hence, it’s important to contact a Thunder Bay personal injury lawyer once the medical emergency has been taken care of.
Accidents are rarely as random as we assume them to be. They are caused by the fault or negligence of someone and all victims are entitled to get compensation from those responsible for the accident. A Thunder Bay 24×7 injury lawyer can examine the facts of the case and establish clear liability. If the accident was caused due to negligence, the circumstances under which it occurred have to be demonstrated and proven. Negligence in legal terms is conduct that falls short of what a person would reasonably do to ensure that foreseeable risk of harm is avoided others are not injured due to their actions or inactions. The concept of “reasonable standards” is usually debated during settlement negotiations and forms the crux of a personal injury case.
Proving negligence by a Thunder Bay car accident lawyer can be challenging if the facts are not very clear and obvious. The opinion on “reasonable” is extremely subjective. Since there is no set formula or code to define these terms, courts tend to look at the totality of circumstances and try to determine whether the defendant was negligent or not. Apart from this, negligence has to be proved by a preponderance of evidence. This means that a majority of the facts must be in the favor of the victim rather than the person responsible for the accident. Other factors include direct and proximate causes, tangible and intangible damages, etc. It’s important to chalk out an excellent negotiation strategy, as most personal injury cases are settled out of court, though some do go to trial. Claims adjusters and insurance representatives of the at-fault party can be extremely aggressive or even indulge in bad faith practices. Personal injury lawyers are usually up to date on insurance laws, practices and regulations.
A Thunder Bay free consultation lawyer can provide a comprehensive assessment of the merits of your case and advise you accordingly.
