Specific Working Process Followed By Personal Injury Lawyer In Sarnia

Tort law or personal injury law, as it is more commonly known enables an injured victim to claim compensation for the injuries caused by another person. This is a specific part of civil law where there are no arrests made, no capital punishments passed and all the verdicts are of pecuniary form. That is why it involves several legal formalities that the Personal Injury Lawyer in Sarnia has to follow. The attorney needs to know the working procedure that is immensely different from any other legal cases. The most significant part is the proving of negligence by the plaintiff, against the defendant.

Statute of Limitations

This is the first legal formalities that the Personal Injury Lawyer in Sarnia has to abide by strictly. This statute of limitation is the time limit that is set by the state for a plaintiff to file for compensation for the injuries sustained, internal or external, minor or severe. Filing a case within this statute of limitation is crucial, as that will give your case a chance to be heard in the court. Usually, the time limit is two years form the date of accident to the date of filing the lawsuit. Thought this time limit can vary on case specific basis, most of the case type carries a two year time limit with it.

Incidental And Intentional Cases

Tort law includes both incidental cases as well as intentional cases. The incidental cases involve the behavior of the defendant who is the responsible party to the accident. The Injury Lawyer in Sarnia has to consider this aspect to prove negligence of the defendant party. The prime objective of the injury attorney in this type of cases is to prove that the defendant failed to follow the set duty of care. Therefore, it caused tangible harm to the plaintiff. Therefore, the defendant is held liable by the attorney to make the payment of the claim amount.

The Intentional Accidents

Not all accidents are caused due to negligence and those that are not, fall under the intentional torts category. This involves the cases like battery or assault, libel or slander where it is the prime intention of the defendant is to instill an injury, mental or physical in nature, to the plaintiff. These cases are very complicated and it requires specific skill set of the Injury Lawyer in Sarnia to prove negligence of the defendant. It is required by the attorney to be well versed with the laws governing such cases to prove negligence easily and effectively.

Burden of Proof Factor

The injury attorney will also have to follow the burden of proof factor. Though this burden and its elements will differ according to the type of case, severity of the injuries and other factors, this plays the most significant part in any personal injury claims. As the court does not listen to any verbal claims the attorney has to gather all relevant information and proofs to substantiate your claim. There are lots of elements involved but the most significant one is the doctor’s report. Visit Here: BLFON Personal Injury Lawyer