When it comes to filing a lawsuit for personal injuries in Ontario, the procedural requirements and specifications are rather important. Even though you are likely to be working with an injury lawyer, being aware of the parties who are involved is something which will help you make better decisions when it comes to it.
The first and foremost party without whom there is not going to be a case is the plaintiff. This is the legal term that the law uses to describe the victim. If you are the one who has been injured and you initiate the lawsuit – you are going to be the plaintiff. Keep in mind that you might be the victim but you might not be the plaintiff. If you are not the one who has initiated the claim, you wouldn’t fulfill the requirements of the law to be the plaintiff. You are going to be the defendant, which brings us to our next point of order.
The defendant is usually the one who is responsible for the injuries – he is the one who caused them. Or, at least, that’s the premise which the case relies on. With this in mind, it is also important to be aware that the defendant is the one who is obligated to determine that he didn’t cause the damages. This is the onus of proof. When the plaintiff has initiated the claim, all he has to do is establish his damages and that they were caused by the accident in which the defendant was participating. The latter has to prove that he wasn’t acting negligently or that he wasn’t at all responsible for those damages. This is a very important legal standpoint that you would have to take into consideration when it comes to it.
Which are the third parties in the case? There are quite a lot of them, actually. There are insurance adjusters, relevant experts which are going to give their professional opinions, the court, the judge, the jury and others of the kind.
In the most common scenario, you would also work with a personal injury lawyer. He is not a party in the case. He is merely an authorized person who is responsible for your legal representation. This is something that you need to take into very serious consideration. All in all, there are different people who are going to take part in a regular personal injury case. This is something which should be very much accounted for in order for everything to go as it is supposed to. You need to be aware of which role you fit in so that you can know how to act.
The role of personal injury lawyer in Trenton is paramount to winning the case and that is why it is essential that you discuss your requirements with him or her. They will evaluate your case and help you as needed.