An expert personal injury lawyer in Mississauga may help you in different ways during the lawsuit.However, the assistance of an experienced attorney is mainly required for the correct calculation of compensatory damage and to establish a defendant’s liability.It is essential to consider all aspects of a victim’s losses in order to correctly calculate the compensation. It is equally important to calculate the compensation at the correct time. If you fail to consider one aspect of your loss or calculate the compensation before reaching MMI, then you may not be able to determine the real impact of your injuries.On the other hand, you cannot recover compensation if you fail to prove a defendant’s liability for an accident. Therefore, proving liability and calculating the compensation are the two most important segments of a personal injury lawsuit and a lawyer can help you with both tasks.
An injury lawyer in Mississauga can prove a defendant’s fault in three different ways. In most scenarios, a personal injury lawyer has to prove that a defendant’s negligence led to an accident. However, the ‘Strict Liability’ standard of proof may also be used to prove a defendant’s liability. In ‘Strict Liability’ lawsuits, a lawyer has to prove that a defendant failed to take all reasonable measures in order to avoid an act which led to an accident. The Burden of Proof rests on a defendant. A defendant either has to prove that he/she did not engage in the alleged activity in order to avoid the liability or has to prove that he/she had undertaken due diligence when performing an act in order to lessen the degree of liability.
An injury lawyer in Mississauga may even establish a defendant’s liability after proving that he/she had the intention to hurt a plaintiff.Therefore, a defendant has the liability to compensate a victim for the losses resulting from the misconduct. The personal injury lawsuits resulting from the ‘Assault and Battery’ are known as ‘Intentional’ torts.These tort claims usually result from a conflict between two parties and a lawyer can recover ‘Punitive’ damages along with other types of compensatory damages through this type of lawsuit.
However, the majority of the personal injury lawsuits result from the negligence of one or multiple individuals or entities. In this type of lawsuit, an injury lawyer in Mississauga has to prove that a defendant’s conduct fell below the standard of care that is expected from a reasonable person. A lawyer also needs to prove that the negligence has harmed a plaintiff and resulted in losses.
To prove the aforementioned points, a personal injury lawyer in Mississauga needs to prove that a defendant owed a legal duty to a plaintiff and his/her actions resulted in the breach of duty of care.An attorney also needs to prove that a defendant is the reason behind a plaintiff’s injuries and the accident has resulted in monetary losses along with physical injuries. To read more Click Here