They are very likely to win if the personal injury lawyer can prove the offender’s negligence. This article will analyze legal and social reasons of such high likelihood.
SERIOUS ACCIDENTS AND FATAL ACCIDENTS
The Canadian Criminal Code, PART VII, under “Offences Against the Person and Reputation” examines how reckless disregard for the lives or safety of other people is deserving of criminal punishment.
In the case of accidents so serious that they cause the death of the victim, it says the following:
“220 Every person who by criminal negligence causes death to another person is guilty of an indictable offense and liable […] to imprisonment for life.”
According to the law, this applies in two situations: when the person does something that shows disrespect for the lives of others (1), and when the person stops fulfilling their duty and by doing so harms someone else’s life (2).
(1) A man assaults another person.
(2) A driver ignores traffic laws and causes an accident.
In both cases, the accidents are serious and can bring fatal consequences. How does this fact affect the amount of compensation?
HIGH LIKELIHOOD OF WINNING COMPENSATION AFTER ACCIDENTS: NEGLIGENCE AND RECKLESSNESS
Two conditions need to be fulfilled to receive compensation:
• There is someone to sue (organization, person, or company).
• The defendant has been partially or totally negligent.
If those two conditions are met, the victim will likely receive compensation.
If the victim is partially at fault, there is a shared responsibility that is resolved in an out-of-court deal most of the time.
Victims need to be careful when there is shared liability because there are some insurance companies that take advantage of it to make the victims pay the offender for the damages the aggressor did.
To achieve this purpose, they make the victim look like a brazen and irresponsible aggressor, and deflect all blame away from their client. People who self-represent run the risk of having to pay the offender for the damages they did.
The goal of compensation is twofold: it helps the victim to have enough money to pay for the recovery of their injuries. And, it also acts as a punishment for the offender because it represents an economic expense that leads them to become aware of what they did and avoid doing it again in the future.
It is quite common that the victim has a high probability of receiving compensation because it contributes to the basic balance of justice in a country. If people can fight injustices and win, crime rates will lower. No offense must go unpunished.
In other words, it is in the State’s interest that the victims receive compensation. Therefore, the likelihood of obtaining it is very high in cases that involve negligence.
If a case needs to go to court, the judge’s opinion will always be to support the victim, not to favor the offender. Any insurance company, offender, or judge who sees an innocent person will have a clear view of who should answer for the damages.
Defending the victim’s rights always comes first.
ONLY A QUALITY LAWYER CAN GUARANTEE SUCCESS
Justice is directly proportional to the quality of the lawyer. Hiring a personal injury lawyer in Lethbridge is an investment, not an expense.
The money spent on the medical recovery of serious injuries is always going to be higher than the fees of a personal injury lawyer.