Expert Evidence in a Personal Injury Case in Ontario

Regardless of the type of claim that’s being filed, the case itself is built upon actual evidence. The legal system of Ontario is designated to work in a specific manner in which you can only get what you manage to prove. If the court fails to work in such a manner, this would end up in a particular descent which is definitely going to negatively impact the entire case.

Strong Evidence

In order to carry some weight in court and to be persuasive enough, your evidence needs to be legitimate, not tampered, altered and completely pure. Furthermore, it’s also worth noting that evidence itself comes in a wide range of different forms. It could be a regular oral testimony from an examination for discovery, for instance, it could be from testimony at the trial procedure itself while a party or a witness is questioned on the stand. In the trial procedure in Ontario, oral evidence could result from questioning a witness, parties to the litigation and experts.

Documented Proof

However, evidence can also be in the form of a document. Medical and police reports, 911 recordings, photos of your injuries and everything that you can come up with is also admissible in court and carries weight. However, the exact amount of weight which is distributed to any given evidence is dependent on the Jury or the Judge.

It’s worth noting that some of the most important pieces of evidence in personal injury claims come from the expert report from the medico-legal experts. These are doctors or particularly educated specialists who are hired by the party in the litigation in order to give an opinion regarding the damages and the cause of these particular damages. The things that the experts say or don’t say could be paramount for the case.

Specific Ontario Laws

However, it’s worth noting that these experts are not paid by the Ontario Public Healthcare System in order to appear before the court – they are paid by the parties. They are used to handsomely deliver information in front of the judge or the jury so that the report strengthens the case of the one who hired the expert. What is more, if the expert doesn’t have to say something beneficial for the hiring party, you are unlikely to see him appearing in court at all.

Of course, there are strict rules and regulations which govern the reports and their power within the process itself. Section 12 of the Evidence Act of Ontario has to be read simultaneously with the Rule 53 of the Rules of Civil Procedure of Ontario and they would provide you with basic understanding of the overall conduct and standards which have to be met.  When you hire a personal injury lawyer, they understand all aspects of the Ontario law and ensure that well-documented evidence is provided so that your claim is sound in all aspects.

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