Personal Injury
Personal injury, whether physical or psychological, occurs when an individual sustains harm due to the actions or negligence of another person or organization. In Canada, the law recognizes the right of those who suffer personal injuries to seek compensation for their losses.
Understanding personal injury and the legal avenues available can empower individuals to seek rightful compensation for their losses and injuries.
What Constitutes as Personal Injury?
A crucial aspect of personal injury is that it affects an individual’s body or mind, rather than their property or reputation. The injury must result from someone else’s fault, such as negligence or wrongdoing.
For instance, cutting oneself with a knife due to lack of concentration does not constitute a personal injury as there is no external fault involved. However, if the injury occurs because of a defective knife, the manufacturer could be held liable for the resulting personal injury.
Similarly, accidents like falling asleep while driving and crashing solely because one’s actions differ from cases where another driver’s negligence causes the accident, leading to a personal injury.
Legal Implications and Compensation
Canadian law acknowledges the need for justice for personal injury victims, offering financial compensation as a form of redress for the harm caused. This compensation aims to cover both physical and mental pain and suffering, as well as financial losses incurred, such as medical expenses and lost wages.
To pursue compensation for a personal injury, the injured party, known as the plaintiff, must file a personal injury claim against the responsible party, known as the defendant. These claims fall under tort law, which addresses civil wrongs and provides remedies to the injured party
Common Examples of Personal Injury
- Motor vehicle accidents, encompassing incidents involving cars, motorcycles, buses, pedestrians, and passengers.
- Slips and falls on private or public property due to negligence or hazardous conditions.
- Negligent care, such as neglect of children, the elderly, or other vulnerable individuals.
- Dog bites resulting from an owner’s failure to control their pet.
- Defective products causing harm to consumers.
- Medical malpractice by healthcare professionals.
- Airplane accidents causing injuries to passengers or bystanders.
What to Expect:
Initial Consultation: You’ll typically have an initial consultation with a personal injury attorney. During this meeting, you’ll discuss the details of your case, including how the injury occurred, the extent of your injuries, and any evidence you have.
Investigation: Once you hire an attorney, they will conduct a thorough investigation into your case. This may involve gathering evidence such as medical records, witness statements, accident reports, and any other relevant documentation.
Legal Proceedings: Depending on the circumstances of your case, your attorney may recommend filing a lawsuit or negotiating a settlement with the responsible party or their insurance company.
Negotiation: In many cases, personal injury claims are resolved through negotiation rather than going to trial. Your attorney will negotiate with the opposing party to try to reach a fair settlement that compensates you for your injuries and other losses.
Litigation (if necessary): If a settlement cannot be reached through negotiation, your case may proceed to trial. This involves presenting evidence and arguments in court, and a judge or jury will ultimately decide the outcome of your case.
Resolution: Whether through settlement or trial, once a resolution is reached, you will receive compensation for your injuries and other damages. This compensation may cover medical expenses, lost wages, pain and suffering, and other losses you’ve experienced as a result of the injury.
Appeals (if applicable): In some cases, either party may choose to appeal the court’s decision. This can prolong the process, but it’s important to pursue justice if you believe the outcome was unfair.