#AskIsaacZisckind It might seem a bit confusing to have your Ontario personal injury lawyer discussing the evidence needed to prove negligence and the extent of your injuries in court. You might think it’s clear what happened, but you have the burden of proving it to the impartial judge who will award you compensation. As the plaintiff, the legal term for the person filing a civil lawsuit, you have the burden of proof in a personal injury case to produce evidence showing your injuries were caused by the negligence of another party. Burden of proof in a civil case As the ...
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#AskIsaacZisckind The principle behind personal injury claims is a simple one: Make victims of the negligence of other parties whole again. But, what happens in cases in which the victim has a condition that existed prior to the most recent injury? Someone ordered to pay damages to an accident victim who was more susceptible than others to injury because of a pre-existing condition could question the fairness of such an outcome. Courts in Canada have two rules they follow when determining compensation for someone with a pre-existing condition. Causation a key element of negligence A determination of negligence is required ...
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