At our Ottawa personal injury and accident law firm, we have a specific group of injury lawyers dedicated to personal injury cases. Our lawyers have handled thousands of personal injury cases. No matter how you were injured, chances are that we have handled a similar case. Our injury lawyers can assess your case and all the liability issues related to your case.
In order to be successful with your personal injury claim, you must prove the elements of your case (cause of action). In negligence claims, the elements of a cause of action must be proven based on evidence. What do you need to prove in a personal injury case?
The burden of proof is on the injured person to prove the wrongdoer breached their legal obligations. Therefore, the injured person must prove, with evidence, that their injury or injuries were sustained as a result of the defending party’s fault, either by negligence or other actions, for the accident that caused your injury or injuries.
Most personal injury accident claims are based on negligence. The claims for compensation are also based on negligence. Other injury claims are based on intentional acts such as battery and assault. The elements of negligence must be proven by the injured person to be successful are as follows:
1. Prove that the other party owed you an obligation, or what is called a duty of care in law. For instance, owed you a duty to ensure their property is safe and free of dangerous ice.
2. Prove that the other party breached their duty of care owed to you. For instance, they failed to implement a regular maintenance plan and failed to apply salt or sand to the ice on their property.
3. Prove that the other person’s breach of their duty of care caused your injuries. This is called causation in law. In other words, prove that failure of duty is what led to the injury that you suffered.
4. Prove your actual injuries and the damages you suffered.
Our law firm focuses on injury cases. We specialize in all types of injury cases so that our clients get the maximum amount for their settlement.
All cases we handled are fully investigated and assessed. We assess all issues involved in a personal injury claim including liability, damages and more. We work to obtain all of the evidence needed to prove all elements of your cause of action.