Da Silva Legal Services Professional Corporation
Newmarket Personal Injury Lawyer
Serious injuries resulting from accidents can be really traumatizing due to the pain and suffering, emotional turmoil and financial constrains that victims have to go through. While it is not viably possible to get to work after sustaining serious accident injuries, financial burden is bound to hit really hard with medical care and other bills still pilling up each single day! Fortunately, Ontario offers an avenue through which accident victims can recover compensation for the various damages and injuries by filing a personal injury claim. Da Silva Legal Services Professional Corporation is one of the leading Toronto personal injury law firms with seasoned personal injury lawyers to help you with pursuing your case to guarantee a favorable and fair compensation that you deserve.
If you are looking for the best legal experts to help you with the legal aspects of your personal injury case, contact us and a team of experienced and knowledgeable experts specializing in different types of accidents cases, will be come in to help by first analyzing the facts of your case then collecting the evidence necessary, communicating with the insurance company in question then finally pursuing litigation where and when necessary.
Proving liability in personal injury accident cases
In order to file a personal injury claim, you basically need to prove beyond reasonable doubt that another party was negligent and caused your accident and injuries. You actually need to understand that you qualify to file for a personal injury claim in just about any type of accident caused by another person and that resulted in injuries and damages.
In Ontario, any car accident is subject to car accident benefits regardless of who is at fault. However, if you manage to prove that the accident was caused as a result of another driver’s negligence, ten you may be entitled to more damages through a third party injury claim.
In proving liability, professional Newmarket personal injury lawyers are tasked to prove the following elements;
- That the defendant owed you a duty to care
- That the defendant was negligent or acted in a reckless manner not to have exercised the care
- That you suffered injuries as a result of the defendant’s negligence
- That you suffered other damages related to the injuries sustained like lost income and care to dependants
While this may seem to be a straight exercise, the complexity of the legal battle starts when the defendant’s lawyers try to build up a case to refute your claims and the specific elements above.
They will try to argue that the defendant’s negligence had nothing to do with the accident and subsequent injuries or argue that the injuries sustained are minor and might not have caused significant physical, psychological and financial effects. Without the help of seasoned personal injuries lawyers who understand these tricks and tactics employed by insurance companies and defendant’s lawyers, you may be denied your right to compensation or if it is allowed, then the compensation will be minimized.
The role of Newmarket personal injury lawyers is therefore to build a strong case with concrete evidence that will be hard to refute. At Da Silva Legal Services Professional Corporation, our personal injury attorneys work together with other professionals like accident reconstruction experts, case investigators and eye witnesses to ensure they get the most crucial details to establish a strong case for maximum compensation.
Countering the provided evidence by your personal injury lawyers, the defendant’s lawyers may also try to argue that your negligence too played a role in causing the accident and the injuries involved. This is referred to contributory fault which may drastically lower the amount of compensation the insurance company owes you. Strong, experienced and specialized personal injury lawyers will thus become of great help in addressing all the allegations made by the defendant to ensure that you are not held for contributory fault which may greatly affect the value of your compensation.
While Newmarket personal injury lawyers will manage your case in terms of collecting evidence, proving liability, communicating with the involved insurance company and presenting litigating your case, you also need to do a few things that will enhance the case. Some of the crucial things needed of you include;
Seeking medical care- you are advised to continue seeing a doctor and keeping all medical records safe since they will be used in establishing the real value of the damages caused by the accident.
Direct all communications to your lawyer- sometimes, the insurance companies may try to contact you for negotiation. In this case, they may end up paying you less amount of compensation than you really deserve. For this reason, any communication or questioning related to your case, you are advised to allow your personal injury lawyer to handle.
Keep everything safe- this will include everything retrieved from the scene of accident including clothing, damaged property and items like phones, laptops and other electronic gadgets. Al medical records should also be kept safe so that together they will be used when calculating the total value of damages.
Contact a professional Newmarket personal injury lawyer
Following an accident, you are likely to suffer economic damages which include medical expenses, property damages, rehabilitation care costs, housekeeping-related costs and loss of both past and future income or non-economic damages which include including pain and suffering.
Our Newmarket personal injury law firm, Da Silva Legal Services Professional Corporation, works on a contingency fees basis to ensure that we get rid of the financial burden during the entire legal process as you focus on your recovery. Unlike other law firms that request upfront payment and hourly rates, we ensure that your case is won and a favorable amount of compensation awarded before you can pay us depending with the agreed percentage before taking up your case.