The courts have the ability to study the veracity of any injury claim, if that same claim declares the defendant to have been negligent. The court will try such cases if the plaintiff can prove that he or she was harmed by the defendant’s failure to carry out a duty of care. In other words, an adult’s failure to demonstrate duty of care serves as an excellent example of negligence. A display of negligence can result in injury to a private citizen. Consequently, private citizens have the right to file tort actions. Tort actions deal with the area of the law that concerns causation claims.
The purpose of a causation claim
The court witnesses the filing of such claim frequently, after an accident has taken place. Most accident injuries result from negligence. Resolution of the resulting claim is supposed to satisfy the accomplishment of more than one purpose.
First of all, it needs to ensure compensation of the victim. The value of that compensation reflects the cost of the injuries. The courts realize that a victim should not be expected to handle such costs. Consequently, those same costs get shifted to the person that has been held responsible for the accident’s occurrence.
One of the claim’s additional purposes relates to the prevention of risky behavior in the future. The courts try to discourage such behavior. The fact that the responsible party must cover the costs of the injured victim represents the court’s attempt to put a lid on performance of such behavior. At the same time, the court needs to vindicate the legal rights of the victim. Those same rights became compromised, when the event relating to the accident resulted in injuring the unfortunate victim. The same events also compromised the victim’s interests.
A closer look at the handling of causation claims
The court system has been designed to meet out justice, to be fair to all parties of a dispute. The person that has filed a causation claim disputes any efforts made by the defendant to deny responsibility for what has been claimed. The process that relates to the causation claim serves as one example of the methods used by the court to ensure delivery of justice.
In the court’s view, it would not be fair to leave the victim without any means of vindication. Still, the courts do not want victims to take the law into their own hands. That is why it is important to work with an injury lawyer in Edmonton. Consequently, the causation claim has been designed to ensure vindication of a victim’s rights and interests. Obviously, victims are expected to honor the method for vindication that has been given them. Any victim’s attempt to gain something more in the way of vindication would displease members of the court. Every accident victim ought to recognize and remember that fact, after hearing the terms of a given settlement. It has absolved the wrongdoer of the need to offer anything more in the way of compensation.