When Do You Need A Personal Injury Lawyer In Kitchener?

Every day, there are thousands of injury cases reported across the country. But, do all of these injury victims require the services of a Personal Injury Lawyer in Kitchener? A 'successful' personal injury claim should consist of four key factors. Firstly, the at-fault party must owe the plaintiff some responsibility. For instance, car drivers owe a duty to drive safely to fellow drivers. Secondly, it must be provable that this duty wasn't fulfilled. Thirdly, it needs to be proved that this breach of duty directly or indirectly resulted in the plaintiff's injuries. Lastly, the victim must prove that he/she was damaged somehow (physically, mentally, or financially) because of this breach of responsibility. All four of these factors are vital for a case to stand a chance in court. An attorneywill only accept a case if it features these four factors. These legal experts then back these factors using verifiable evidence.

What is Owed Duty?

Every member of society owes some form of duty or responsibility towards other members. For instance, a police officer has a legal duty to answer emergency calls. Similarly, property owners have a duty to ensure that their properties are not dangerous. While deciphering a personal injury case, an Injury Lawyer in Kitchener will first assess whether the at-fault person owes any responsibility to the plaintiff. If there's no owed duty or responsibility, there is no case. For instance, a garbage disposal expert cannot possibly expect a homeless man to be sleeping in the dumps. If he throws garbage on top of the homeless man without being aware of his presence, he cannot be legally pursued.

Breach of Responsibility

After establishing that the defendant owed responsibility to the plaintiff, a Personal Injury Lawyer in Kitchener must prove that this responsibility was breached. For instance, a hotelier is responsible for making his establishment as safe as possible. If a man slips and falls inside the hotel because of a loose tile, the hotelier is to blame. Why? Because keeping the hotel as safe as possible was his moral and legal responsibility. Proving a breach of the duty is vital for proceeding with an injury case.

Establishing a Causal Link

Once the Injury Lawyer in Kitchener has established the defendant's negligence, he/she must prove that this negligence was the direct or indirect cause of the plaintiff's injuries. For instance, a victim of food poisoning may blame the restaurant owner. But, if food poisoning occurs five days after the plaintiff visited the restaurant, his claims will not be taken seriously. Timing and circumstantial evidence are key to winning personal injury cases. An insurance company may blame a pre-existing condition for its customer's current injuries. Since it's not easy to establish clear-cut liability in every case, defendants and plaintiffs often share the liability.

Evidence

Even the cases that are 'clear-cut' from the outside need to be backed by evidence. Top attorneys usually conduct a cost-benefit analysis to determine whether taking on a particular injury case is worth their time. If a personal injury case has no verifiable evidence (except for the plaintiff's testimony), it will probably not be accepted by attorneys who work on a contingency basis. For more information visit Our Website