There have been noted incidents of mishaps all across the globe. But, the fact does not cover up the pain and confusion when an accident or an injury occurs to you or a loved one. More than 20% of the accidents have resulted in the loss of life while 50% account for major injuries to the people involved in an accident. This is where personal injury law plays a vital role in providing justice to the injured and demised ones. According to a study, it has been established that most of the accidents are based on the doctrine of negligence and carelessness. Now, it may not seem to be a good reason to aid a person in escaping from the eyes of the law. Negligence and carelessness leading to loss of life should be properly dealt with because the law is unbiased. However, the personal injury law is a little bit different from criminal laws and thus, specialized professional needs to be recruited for the purpose.
In this article, we will be discussing the various aspects of personal injury law and how you can file a formal lawsuit against a person. The other sections will also guide you through several reasons to make the cases and charge a person and how you can select a personal injury lawyer who will be able to provide you with justice you require. At the end of the article, we believe that we will be able to equip you with all the essential details and the basics of personal injury law along with selecting the best personal injury lawyer in Ottawa.
Finding a Personal Injury Lawyer in Ottawa
Personal injury law is a specialized category of civil law which refers to the legal remedies in the civil lawsuits. The lawsuit involves defenses and prosecution of wrongful conduct to reach to the ground reality of any wrongdoing and serve verdict against any wrongful conduct. Now, unlike the criminal cases where prosecution is mandatory, the personal injury law seeks private plaintiff to retreat compensation for the harm caused by the defendant’s action.
Now, there is a number of incidents that might occur resulting in personal injury. However, not every action is bound to be a case in the eyes of personal injury law. The law states well-enough that a personal injury case is deemed liable when one party or a member of the society doesn’t act responsibly and put others at a risk knowingly. The law understands that some of the accidents are unavoidable and in such a case, no claimants can be made against a party. Moreover, it is the basic requirement for any person to show that the defendant could have acted otherwise to avoid the risk in the first place.
For instance, car accidents due to drunk driving is a serious offense and the defendant thus becomes liable for the personal injury caused and will be required to compensate for the loss deemed fit in the eyes of the law. Other examples of negligence are medical complications resulting from a physician’s carelessness or even animal bites.
Now, compensation of such personal injury cases is divided into two categories of damage. The tangible damage results from the damage to property or bills standing to the maintenance of property or medical bills. These are easy to calculate and thus, most of the cases become easy. But, complications arise as a part of the intangible damage that is caused to a family due to the loss of earning member or emotional distress. In such a case, expert testimonies are required to finalize the compensation claim.
Now, most of the states of the United States of America have decided to comply with the law because accidents are unfortunate. There are various causes of actions which are eligible for punitive judgments as and when required. Personal injury law encompasses all the actions. However, there is also a possibility that defendants have tried every possible course of action to avoid the harm or injury.
Personal injury cases can be formalized through civil court proceedings which are the most common process while dealing with personal injury settlements. However, some of the legal disputes can be resolved outside the court which is majorly known as the informal settlement. Let us have a look at both of the lawsuit settlement proceedings.
- Formal lawsuit or is commonly known as the charge case in a court. The legal proceedings including framing by a plaintiff or a private individual with the help of a lawyer or a scribbler. The civil complaint then reaches the court and is afterward sent to the defendant which can either be a person, an organization or a government agency. The charge compiles the allegations stating that the defendant acted carelessly or irresponsibly with the injury that affected the plaintiff. The civil court proceedings are initiated to find the degree of negligence and fix on fair compensation.
- Informal settlement is another form of a lawsuit wherein there are no formal court proceedings involved. Instead, both the parties meet along with their attorneys to decide on the compensation deemed fit by both the parties. The settlement commonly proceeds in the form of negotiation which is then followed by a written agreement. This is a form of mediation that reduces the time and costs involved in formal proceedings.
Reasons to approach a personal injury lawyer
A personal injury lawyer is a specialist in managing the various forms of personal injury cases. They are legal attorneys who take care of the legal disputes starting from filing a lawsuit to carry out the legal proceedings inside the court to make settlements. Now, there is no hard and fast rule as to when you should approach a personal injury lawyer but it is advisable to hire a personal injury lawyer as soon as possible. Following are some of the reasons for which you should hire a personal injury lawyer as soon as possible or even shortly after the accident.
- For discussions with insurance companies. You realize that insurance claims involve a stringent procedure. The major reason to such a strict process is due to the fact that the insurance carriers are skeptical about losing money and given the state of your mind, you would not be able to converse properly with the insurance agents. Most companies may turn the situation to their advantage. So, you need a person who is able to speak for you and discuss the terms with the companies to retrieve your claims in a periodic manner. A personal injury law firm makes sure that the medical bills are paid and all your legitimate claims are released.
- If you charge against medical malpractice, then time is the essence. Moreover, personal injury attorneys are capable of addressing the medical situations in a short time span. The statute requires you to put the doctor on a notice period legally. The personal injury lawyer drafts the legal form and also engages counsels of medical practitioners to work the case in your favor.
- Personal injury lawyers have support staffs who undertake an investigation to bring reports supporting your claims. They help in recreating the accident and use specific information at trial to get the possible settlement or verdict.
So, these are the reasons you should definitely have a personal injury lawyer at your disposal to fight your case inside or outside the court. Moreover, you cannot completely rely on the evidence that you have because a personal injury lawyer knows the laws very well. Even the defendants will have their attorneys by their side, so it is wise to have one to have a fair trial.
The lawyers are capable of dealing with cases that concern different forms of personal injury. The most common cases are a personal injury resulting in serious injuries or death of a family member. Now, each of the cases is sub-divided into medical malpractice, assault cases, refusal of insurance companies to pay claims, slander, defamation, product fault, liability, and other injuries.
In addition to these, a personal injury lawyer is capable of providing necessary guidance during the whole process. With increasing specialization, the personal injury lawyers have categorized themselves into specialists maintaining different injury cases. The experience and knowledge is another factor due to which the personal injury lawyers have been selecting their courses of action accordingly. For instance, a personal injury lawyer capable of representing cases related to medical malpractices have created their niche and nobody else could compete with them in the forte. However, there are personal injury lawyers as well who have been taking up case related to any personal injury and with their experience have been able to make a name for themselves by serving justice to the deprived. So, it is fully up to you that which personal injury lawyers you would like to approach an appointment. You can either select a lawyer who is capable of catering to different injuries or you can select a specialist one.
How to choose a personal injury lawyer
As already mentioned, it is upon your discretion as to which personal injury lawyer you can select to fight your case in the court or offer an informal settlement that reduces time and costs. But, before you dive into selecting a personal injury lawyer just because the firm assures to win your case or the lawyer is recommended by your relatives, you must be very sure of your choice. It is so because you might end up with a lawyer in haste and miss out the chance of selecting the best from the bunch. So, what are the factors that you must look into a personal injury lawyer before appointing them to defend your case in front of the court or the other party?
There are several factors that you must consider before selecting a personal injury lawyer:
- The personal injury lawyer should be knowledgeable and educated at a respected university. It is very important for the attorney to be knowledgeable about the work. But how would you know that the person has the required knowledge? It is quite simple because you only need to have a look at the previous experiences of the firm and the support staff that the firm has to carry out the legal procedures. You can find the details about their previous works at their website or through referrals.
- The personal injury lawyer must have the adequate experience in confronting the kind of case he will be representing on your behalf. As we have mentioned that some of the lawyers have created their own niche, so you must check if the lawyer that you are going to appoint has the adequate experience in dealing with the case. A stronghold on the similar cases will help you get an edge over others.
- Many attorneys offer reasonable hiring charges as well. Undergoing a legal dispute can be a costly affair starting from drafting of the legal papers to represent your case in the court. Some cases are known to last long enough costing you even higher than the sum assured and the lengthy process cages your valuable time which you could have used in other productive works. So, if you have a cash constraint, you will need to look for a personal injury lawyer who will suit your budget. Moreover, there are many lawyers as well who only charge a proportion of the assured sum after the case is over. So, if you find such a lawyer with appropriate knowledge and adequate experience, choose the lawyer.
- A strong portfolio is another aspect which every personal injury law firm must have. Furthermore, every law firm has an online presence. So, it is quite easy to find out the law firm and compare them on the basis of their portfolio.
Personal injury law has proven to be very effective in meeting the needs of the deprived people of the society. But, being able to select the personal injury lawyer suited to your needs and demands is a scientific method and it requires a suitable mindset and utilizing factors to derive the perfect law firm for the job. Hopefully, the factors and the basics equipped you with some ideas on how to select a personal injury lawyer.