Key Aspects of Injury Lawyer In Kitchener
Use For Representing The Case
There is one common factor for all successful personal injury cases. And it is the accurate demonstration of the other person or party's negligence during the accident. If you are the victim of an accident, the Injury Lawyer in Kitchener will consider negligence as the principal factor for determining the fault and liability for the reckless attitude of the defendant that caused the accident. The viability of the case depends on proving four elements of the negligence case- Duty of care, breach of duty, cause, and damages. If the lawyer can prove all the four elements, then you have a higher chance of acquiring the compensation.
Duty of Care
Being the primary element in the determination of negligence, the Injury Lawyer in Kitchener has to prove that the defendant owed you the duty of care legally. For instance, if you drive the car of a rental company, then the maintenance of the car is the duty of the company's owner. If you have reported some glitch, then it is the responsibility of the owner to fix the issue as soon as possible. The company owes you the duty of care by providing you with functional vehicles. An accident occurring due to a mechanical glitch that the owner ignored is the liability of the company.
Breach of duty
After explaining the duty of care, the Injury Lawyer in Kitchener has to explain how, in this case, the at-fault party is guilty of breach of duty. The attorney has to prove three points here. Firstly, it is essential to convince the court that the defendant was aware of the issue well before the accident. Secondly, if the defendant were dutiful enough, it would have been possible to avoid the accident or injury. Thirdly, a logical and responsible person would react differently, and the defendant did not react in the right way despite receiving disturbing information.
Cause in fact
Causation is the third element to prove negligence. Here, the Injury Lawyer in Kitchener needs to prove directly that the defendant's breach of duty is the direct cause of your damages and injuries. Also, it is important to consider whether the defendant was aware that his or her action could be the reason for injury. If the action of the defendant caused the injuries, and if the defendant could avoid the injury by choosing a different action, then your case will flow smoothly.
Damages
And now comes the fourth element of the case-damage. Physical damages and mental damages are the direct consequences of an accident. The lawyer has to prove that the injuries happened because the opponent failed to execute the necessary duty of care. The attorney will present all the medical bills and reports to show what is the diagnosis of the doctor and whether there is a chance of future relapse of the same condition. Moreover, if you have to undergo surgery for the injuries, for the best results, ut is also crucial to present the assumptions of the doctors regarding future issues from the same injury. It helps to show in the courtroom that you have suffered and will suffer from one negligent person. For more information visit Our Website