How Will An Injury Lawyer Prove Fault In An Accident?

There are quite a lot of different things that one has to take into account if he is to establish that another person is liable and responsible for the damages that he has sustained. Fault, of course, is amongst the most important things. However, when it comes to the province of Ontario, there are important considerations which need to be taken into proper account, especially when the topic at hand is fault.

All of the fault-associated issues are concerned and regulated within the Insurance Act of Ontario. There is a very specific section there which is called the Fault Determination Rules. And, within these rules, there is the so-called “no fault” provision – something very specific which is employed in the province of Ontario and within the other provinces of Canada as well. Not every country regulates fault with this particular provision and in the US, for instance, in some cases establishing fault is an imperative consideration which is a requisite for the overall conduct of the case.

However, back to Ontario – the “no fault” rule, as the majority of the legal practitioners refer to it, allows people involved in accidents of any kind to claim the monetary compensation that they are legally entitled to directly from the insurance company, regardless of whether or not they are at fault. This is a very convenient rule and one which has an important social function as it allows quick compensation awards which are designated to ensure that people get back to their normal lives quickly and properly.

Nevertheless, this doesn’t mean that fault is not assigned. The insurance company is going to conduct an extensive investigation in order to ensure that the one who is at fault is identified. This is going to ensure that it can proceed with the future distribution of the premiums properly. What is more, if the victim decides to seek reparation directly from the defendant, fault is going to be a critical factor when the case is taken to court.

There is also this thing known as “contributory negligence”. This is basically when fault is assigned to both parties and the compensation is reduced and awarded accordingly. This is something very important and it needs to be taken into account as a partial exception of the “no fault” rule. In any case, it’s obvious that the question of fault is something very pressing and important. This is the main reason for which it needs to be considered and accounted for by a professional.

Working with an experienced personal injury lawyer in Ontario is without a doubt something very beneficial and a consideration that you should account for. It’s going to ensure that your case is handled perfectly, regardless of whether you are a claimant or a defendant. They will look at all aspects and negotiate a settlement with the opposite party and if that does not work out, take the case to trial. Helping you get justice is their main goal.