Our law firms handles a lot of car accident cases from across Ontario. Each case is different. But, many car accident cases all carry common threads, and common themes.
At the most basic level, a car accident case will involve Defendant Driver causing a car crash involving a Plaintiff Driver. Defendant driver will have made some sort of mistake or misjudgment while driving which personal injury lawyers refer to as negligence. If the Plaintiff cannot establish negligence (or fault) on the part of the Defendant driver, then, the case will likely fail. In order to succeed in a personal injury case, the Plaintiff must establish some sort of tort against a Defendant. This is called a cause of action. If there is no cause of action (like negligence), then a Plaintiff cannot win his or her case.
Some injuries are really bad, or catastrophic as a direct result of a car accident. Some of the worst injuries which our personal injuries lawyers see are spinal cord injuries (or injuries to the back or lumbar spine). These injuries can leave an innocent accident victim paralyzed and requiring around the clock attendant care along with loads and loads of car costs which unfortunately might not be covered by OHIP.