After a serious personal injury, you may find yourself as a
Plaintiff in a lawsuit to obtain the compensation you need. Much of
this is handled by your personal injury lawyer, who must gather the
evidence to support your case, file your claim, and then present it
But how does your lawyer do this? Just what goes into
presenting a successful personal injury case?
Regardless of whether the injury is from an auto accident or a
mishap in a public park, a personal injury suit is often referred
to as a "tort" claim. For a successful personal injury
case, your lawyer must be able to prove liability and damages.
Proving liability means evidence must be gathered (and sometimes an
expert opinion) that you were harmed due to the fault of another
person. To prove damages, your lawyer must be able to show the
negative impact the injury has had on you both financially and
This usually involves gathering evidence from both witnesses and
documents. The witnesses may include investigating police officers,
eyewitnesses to the collision, doctors, health care providers,
co-workers, accountants, actuaries and other professionals. All of
this helps establish the nature of your injury, its severity, and
its impact on you.
When the claim is started, the value of the damages will not
likely be quantified. Your personal injury lawyer will seek to
quantify your damages over the course of your recovery. Damage are
both economic and non-pecuniary – the latter is often
referred to as "pain and suffering." Punitive damages are
rare but may be available in the appropriate case.
The amount of damages may be reduced for the degree of fault you
bear for the injury. For example, if the Court decides that your
own actions caused 20% of the situation resulting in your injury,
you will only be awarded 80% of the damages. Your lawyer's job
is to prove that you suffered measurable harm due to your personal
injury and that little, if any, responsibility for this harm lies
If there is a key to a successful personal injury case, it is
preparation. From the initial investigation to the securing of
expert opinion evidence, your personal injury lawyer knows what is
required to assist you in obtaining compensation.
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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