Anytime that an injured victim has claimed that a certain party should be held responsible for that same victim’s injuries, that identified party has the right to deny the veracity of the injured party’s liability claim.
Who might speak for the other party, and come forward with the denial?
The adjuster at the other party’s insurance company might insist that the injured victim has no basis for his or her liability claims.
A Personal Injury Lawyer in Edmonton that had been hired by the allegedly responsible person could be the one that chose to step forward. That same lawyer would then insist that there were no legal grounds for an accusation of liability, such as the one that had been hurled at the defendant.
What might be the basis for such a denial?
The person speaking for the victim/claimant might state that the law, as written, shows that the claimant is legally responsible for his or her own injury. Such an allegation should aid the development of a rebuttal.
What actions should a claimant pursue, if the opposing party has opposed him or her, and has refused to accept liability for the claimant’s injuries?
First, request proof of the claim that something that had been written into the law has removed the accusations of liability from the defendant’s shoulders. Whatever proof the other party might choose to offer, it ought to be documented.
If the other party has continued to deny liability, then the claimant’s wisest action would entail asking a most important question: Does the police report assign liability to the claimant?
If the spokesperson for the defendant has confessed that the police report did not assign liability to the claimant, then it becomes necessary to ask a follow-up question: Did the claimant get a ticket from any officer that came to the scene of the accident?
Suppose that the claimant’s lawyer was to learn that his or her client did, indeed, receive a ticket, what action should the same lawyer take at that point in time? That would be the ideal time for reminding the defendant’s spokesperson that a police report cannot be used in court.
Why do personal injury lawyers lack the right to use a police report in a courtroom?
Any officer that has responded to a call from someone that was involved in an accident was unable to see the incident that caused the visible damage to two or more parties’ vehicles.
Because the officer did not see that particular incident, any statements in the same officer’s report could be viewed as hearsay. In a courtroom, a judge does not allow witnesses to repeat hearsay. Naturally, anything that has qualified, as hearsay should not be read to the jury.