Toronto Injury Lawyer Blog
I was chatting with my 8 year old son not long ago about house prices.
He was curious as to why a small home in geographically desirable part of Toronto would sell for more than a much larger home in less desirable town with less amenities and less access to services.
We spoke about the golden rule of real estate: Location, Location, Location.
People will pay more money for a home with easy access to transit, postal services, entertainment, schools, potable water etc. Living off the grid might be desirable for some, but not most people, and is far more difficult than living on the grid.
There is a golden rule for personal injury law as well: Credibility, Credibility, Credibility.
If a Court doesn’t accept what a Plaintiff has to say about their case; then chances are that the Plaintiff won’t win.
The same can be said for a Defendant. If a Court doesn’t accept the Defendant’s evidence, then there is a very good chance that the Defendant will not be successful.
But, here is the hurdle for the Plaintiff.
The Defendant, in the vast majority of personal injury cases, will only be able to provide evidence as it relates to liability (how the accident happened). The Defendant will not be able to speak to the other major 2 elements of a personal injury case. The Defendant cannot provide evidence with respect to causation. Nor can a Defendant provide evidence as it relates to injuries or damages. Any by not being able to comment on these areas, the Defendant can win the case. It’s an example of less is more. The Defendant won’t be able to dig themselves into a hole by saying something which they shouldn’t say; or by rubbing a judge or jury the wrong way. The Defendant will stick to the information which they know as it relates to liability; and then; in the majority of cases won’t have anything left to say.
