Wednesday, 9 May 2018

Identifying the Defendant is the Duty of an Injury Lawyer in Lloydminster

When an Injury Lawyer in Lloydminster initiates a tort action, the main job is to identify the defendant. If the liability is clear and there is only one defendant, the situation can be simple but it becomes complex when there are more than one party involved in causing the accident. Example of such cases can be taken, when more than one car is involved in a car crash or a medical malpractice case where several other people are directly or indirectly involved with a particular treatment, apart from the primary doctor. Moreover, proving liability or finding the proper defendant in an accident, where a large business organization private or government owned is involved is difficult.

https://ebablaw.ca/
The Financial Resource Factor   

Part from the difficulty in identifying the actual defendants, sometimes the Injury Lawyer in Lloydminster may also face difficulty in recovering the claim amount. This is due to the fact that the defendant who is directly responsible to cause the accident and harms may not be financially sound to arrange for funds to pay off a large judgment or claim. In such a situation the expertise of the injury lawyer will come to play once again to identify additional parties that can be held liable and sued based on the relationship of them with the primary defendant such as the employer or the landlord.

Common Defenses In Torts

There are a few common defenses in torts that may arise and accordingly the Injury Lawyer in Lloydminster has to plan the next move. There are several causes of actions apart from negligence that encompasses personal injury law and all of these falls under the broad parasol of intentional torts. Just as the name signifies the act of the defendant, under these situations are purposeful and made with intent to instill harm to the plaintiff. Such cases include battery, assault, battery, libel and slander. It may also involve any false statements made in the social media, theft, trespassing and infliction of emotive distress.

The Strict Liability Factor

The strict liability factor is another important tool used by the Injury Lawyer in Lloydminster, which is the other part of the tort spectrum. These are the scenarios where the defendants are held liable even, if all possible attempts were made to avoid the accident or harm. According to this rule, the defendant will be held strictly liable if another person is hurt when the defendant engaged in a highly dangerous act. Irrespective of the fact that all preventive measures were followed to avoid accidents in this activity that may be legal from all perspectives. Examples of such accidents can be transportation of hazardous material and demolition of a building.

Hire A Competent Lawyer

It is for this difficulty in proving negligence and identifying the defendant that you will need to hire a competent and prudent injury lawyer. The best way to find one is by asking for referrals from your friends and colleagues. It is required to have a look at the credentials, previous track records and reputation of the injury lawyer in the market before you finally hire one. To read more Click Here

No comments:

Post a Comment