Burlington is a relatively small city in the province of Ontario with an approximate population of about 180,000 people. However, one of the main legal fields of expertise for the majority of lawyers is the personal injury one. This is due to the fact that it seems to be the most lucrative and at the same time there is a variety of different cases which pose an interest to most of the attorneys. The area is governed by the local provincial laws of Ontario if they do not contradict to any governmental regulations. However, it is important to understand that personal injury law in Burlington is based upon several factors.
Liability
All of the compensatory claims are usually revolving around the basic concept of the responsibility. To put it into a simple prospective, a person is going to be liable for something if he or she is effectively found guilty of actually causing the injury from which the compensation derives. The injury could be caused consciously or as the result of a negligent behavior. During the trial run, the victim has to prove that he or she has taken all possible measures in order to avoid the accident. This means that if the accident proves to be set-up or caused by the claimant himself, he wouldn’t be awarded any kind of compensation at all.
Coverage of the compensation
Compensatory claims can relate to both pecuniary and non pecuniary damages. The first ones are the direct damages while the latter represent the so called pain and suffering. As you can see, there isn’t a differentiation between both as far as grounds for a case go. However, it’s important to know that the damages that you can claim are limited to a certain amount. Back in 2004 the Supreme Court of Canada issued an effective ruling which basically restricted courts from awarding compensatory claims for more than $300,000. This means that if you want to file a compensatory claim for your personal injuries your non-pecuniary or emotional claim can be somewhere in the range between $1 and $300,000.
Exceptions
Drivers and owners of motor vehicles can’t be brought on charges for non-pecuniary damages unless the accident has resulted in severe damages. Examples are scarring and permanent disfigurement as well as other severe impairment of the health of the victim. Compensation depends upon the level of injuries.
Limitations
There are certain limitations which apply to personal injury law as per the Statute of Limitations. The solution is rather fair but it’s different for every single case, depending on the cause of the accident and the category that it falls within. With this in mind the terms can range somewhere between 6 months and five years.
