Evidence in Personal Injury Cases – Series of Information Blogs from Ottawa Accident and Injury Lawyers
This blog is a continuation of our series of blogs concerning evidence in personal injury cases. Every personal injury lawyer must be fully aware of the rules of evidence that apply to every case they handle on behalf of injured persons. When a person is injured through the wrongful act of another person or corporation, that person can seek compensation. In seeking compensation, the injured person must put forward evidence in relation to various aspects of their personal injury claim. The onus is on the injured person to prove that the wrongdoers were negligent or intentionally injured them. In addition, the injured person must prove that they were in fact injured, the extent of their injury and the extent of the impact of the injuries on their life. Moreover, the injured person must also prove, on a balance of probabilities, the damages they are reasonably entitled to receive as a result of the negligence of the wrongdoers.
In civil cases, the burden of proof is on the basis of a balance of probabilities. In other words, the injured person must prove all the elements of their case on a preponderance of the evidence – based on clear and reliable evidence. What does a balance of probabilities mean? It means that the injured person must prove that it is more probable than not that the wrongdoer was negligent and caused their injuries and their damages. In law, this means 51% or more.
In most cases, personal injury claims are based on allegations of negligence which means that the injured person must prove several elements on a balance of probabilities. The injured person must prove that the person who caused the injury to them owe a duty of care, that the duty was breached which caused the injured person to suffer injury and that injuries were in fact suffered. The injured person must prove each one of these elements through reliable evidence.
As personal injury lawyers, we assist our clients in obtaining reliable evidence to prove each one of the elements of our clients’ causes of action. When required, we obtain evidence from independent witnesses and various third-parties such as medical personnel. In many cases, we retained the services of various experts to assess and provide opinions on damages and liability. For example, we may retain the services of an expert surgeon to provide an opinion on a specific injury or the services of an accountant or actuarial expert to quantify income loss.
As your Ottawa personal injury lawyers, we take all the necessary steps to gather the relevant evidence to prosecute our clients personal injury claims so that our clients receive maximum compensation for their injuries.
Our accident and injury lawyers work on a no fee unless you win basis and provide free legal consultations. If you or someone you care about has been injured in an accident, please feel free to contact one of our lawyers free of charge at 613-315-4870.
Quinn Thiele Mineault Grodzki LLP
Ottawa accident lawyers representing injured persons throughout all of Ontario.