How to Evaluate the Person at Fault under Tort Laws

It has been seen that most of the accidents resulting in personal injury are due to negligence or carelessness on the part of the defendant. That is why the person, whose carelessness or negligence caused injury to the victim, is liable to pay compensation. This is the basis of the legal liability which is evaluated in the personal injury case. The following points are considered when evaluating fault in the personal injury case:

  • If a person is injured at the workplace due to the negligence of the employer, the employer is responsible and legally responsible for the accident.
  • If the accident happens on the poorly maintained and under-constructed property, the owner of the property is at fault as they failed to maintain the property.
  • If an accident of injury happens due to a defective product, the manufacturer and the person/business selling it is liable. This is applicable even if the injured victim si unaware of the defect or is able to prove that the injury was due to the defect.

However, there is time, when the victim is not eligible for compensation. This includes situations where it was mentioned or the injured party was aware that they should not be in a place or do something that causes an injury. And if they were injured, the owner or the defendant is not held legally responsible for the victim’s injuries as it was the victim’s error in judgement that lead to the accident and injuries. When the victim is equally at fault, there are cases when the compensation has not been given at all.

If the court finds that the victim has been careless and has a part to play in the accident, the amount of compensation that they were due to receive is lowered. This has been termed as ‘comparative negligence’. Thus, you cannot fix an amount to the compensation and in each case, it varies. You might need to talk with a lawyer to evaluate the merits of the case. Usually, the cause of the accident, and the level of injuries incurred is considered before filing a claim.The amount of injuries, medical costs, loss of wages are calculated when the amount is being evaluated by the lawyers. You may like to discuss it with us before you file for compensation. This will help you be at an advantage and increase the chances of winning the case.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

How to Claim Damages in Personal Injury Case

If you have been injured in an accident and it was not even your fault, you deserve to be compensated. This is covered by personal injury or tort laws and has a definite period of time during which you can file for justice and compensation from the defendant and the insurance company. Canadian Tort Laws usually classify personal injury cases as general and special damage as encompassed as:

  • Character defamation
  • Mental and emotional trauma
  • Wrongful death
  • Partial or full disability
  • Loss of consortium

Evaluating Compensation

The special damages cater to the loss of wages, medical bills and other damages incurred in the accident. The amount of compensation depends on the intensity and type of injury you have incurred. If you or a loved one has suffered orthopedic injuries or traumatic brain injuries, it can lead to permanent disability which will require long term treatment and rehabilitation. This involves constant medical costs, loss of wages and loss of consortium.

There is no fixed amount of compensation but personal injury claims will vary as per your case, and the amount of compensation depends upon your level of injury. If you have incurred debilitating injuries, you are eligible to receive higher compensation but if it is just a minor injury, you might just get enough to cover your medical costs.

Long term disability and treatment

However, orthopedic, spinal and brain injuries victims get the highest payouts as the repercussions last a lifetime such as amputation and paralysis. In many cases, the victims can never recover from them but lead a life of an invalid. Such victims have won millions of dollars in compensation to get treated and cover rehabilitation, and daily expenses. They are eligible to receive compensation for loss of amenity, suffering and loss of wages.

In case you are a business owner, apart from being the victim of a personal injury the lawyer will calculate your loss from the injury taking into account the loss in your business profits as you are unable to run it as before. There are many aspects to consider and accounting services are pressed into service for a comprehensive evaluation of the business accounts before fixing the compensation. However, such cases need specialized personal injury lawyers and we are capable of handling such cases. You can call us to schedule an appointment and we can discuss your case.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

What to Ask Personal Injury Lawyers after an Accident

Are you a victim of an accident and you were not at fault? Well, everyday there are numerous accidents that happen for no fault of the victims, yet they are injured or lead to fatalities. The fact is that under Tort laws, you are eligible to be compensated for injuries that are categorized as physical, emotional or mental traumas. The claim is filed on the premise of the victim or plaintiff that the injuries were caused by the defendant’s carelessness or negligence. If it can be proven in court of law you are eligible for the compensation as put forward by your lawyer.
You can ask a personal injury lawyer to get a better picture on your rights and getting the compensation.

Process of claiming settlement

Additionally, you need to know how the process works after the claim has been filed. There are three lawyers that will be involved- your lawyer, the defendants and one from the insurance company to audit your claim.

The lawyer will gather the facts, talk with witnesses and documentation is done and if things work out in the ‘discovery’ process, the claim is settled without going to court. In most cases, an out of court settlement is preferred by both the insurance company and the victim as nobody wants to drag it out in court for months or years. However, don’t think about representing your own case as you will only be offered a low amount but hire a lawyer to protect your rights.

Time duration and court ruling

This is another factor to discuss with your lawyer. Usually the ‘Statutes of limitations’ vary for filing a case. In most cases, it does not exceed beyond two years, but it is essential to file a claim as soon as possible after the accident so that evidence is not lost. However, if you intend filing the claim as an afterthought and the time limit has crossed, even though you might have a strong case, it will not be entertained in the court of law.

In case the ruling is in your favor, you will get the said compensation but there are no hard and fast rules about the total amount. You can claim a said amount, but the final amount is judged according to the injuries lost wages and future treatments. The lawyer will be able to inform you about it.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Determining Who is at Fault in a Personal Injury Case

Statistics show that the majority of all accidents with injuries are attributed to a person’s carelessness or negligence. The general rule of thumb is as follows . . .

. . . if there is an accident and one individual was less careful than the other one that was involved in the accident with them, the less careful individual will be responsible for paying at least a portion of the damages that the more careful person suffered.

This is known as the “Rule of Carelessness” and is the way in which legal liability is determined in a personal injury lawsuit. Additionally, legal responsibility may also be determined by one or more of the following criteria:

  • If a person who is working for an employer is negligent and causes an accident, the person’s employer may be held legally responsible, as well.
  • If an accident occurs on improperly built, poorly maintained, or otherwise dangerous property, the owner will be liable based on their carelessness, and their failure to maintain the property.
  • If someone is injured by a defective product, both the manufacturer and seller will be held liable. This is so, whether or not the injured party knew how the defect happened, or can prove who was careless in allowing or creating such a defect.
  • If the injured party was in a place they should not have been, and should have expected that they could be injured, based on the activity occurring around them, the person who caused the accident may not be held legally responsible; as they were under no obligation to be careful toward the injured party.
  • If the person who was injured was also found to be careless, the court may reduce the amount of compensation they receive to the extent that the accident occurred, due to carelessness on their behalf. This is more commonly called “comparative negligence.”

Thus, not all personal injury cases deserve the same amount of compensation. If you are interested in knowing the amount of compensation you are justified for, an experienced lawyer will be able to judge the merits of the case. The amount of compensation will depend upon the severity of injuries, whether there is disability or debilitating injuries, and if there was any fault on your part. Based on these factors and the loss of wages, emotional and physical trauma, the lawyer would file a claim settlement.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Defining Damages in a Personal Injury Lawsuit

Irrespective of the nature of your accident, if you have been injured in an accident, when it is not your fault, you deserve justice and compensation. Damages for personal injury cases in Ontario are usually classified in one of two categories – general or special. General damages include those costs that are less measurable in nature such as:

  • effects of character defamation
  • emotional or psychological distress
  • loss of consortium (the injured person’s inability to perform their traditional duties at home; refers to the loss of affection, companionship, and support in a relationship)
  • pain and suffering
  • wrongful death
  • disability

Evaluation of Compensation

Conversely, special damages refer to measurable costs, such as lost earnings, medical costs, and property damages. In the case of a personal injury tort, both general and special damages are oftentimes awarded to the injured party. However, the amount of compensation depends upon the level of the injuries. Some of the accidents can lead to partial or lifelong disabilities which require long-term treatment and recovery; such as permanent loss of employment and the reoccurring of medical costs.

Although compensation awarded in personal injury claims will vary from one case to the next, the amount awarded typically depends on the severity of the person’s injuries. Brain damage, broken bones, severed limbs, and other similar serious injuries can cause extreme or long-term physical pain and suffering. Therefore, cases involving these types of injuries usually result in the highest settlement amounts. Millions of dollars have been given in such cases.

In addition to the compensation received for their injuries, the individual may also receive compensation, if they are affected by their injuries over the remainder of their lifetime. For example, a person who is permanently disabled and cannot perform their job, because of their injury, will receive compensation that goes above and beyond their injuries. This is commonly stated as a claim for pain, suffering, and loss of amenity.

In other personal injury claims, the injured party may be the owner and operator of a business. In this case, damages are defined as the loss of business profits, and are assessed on a pre-trial and post-trial basis. These circumstances require the expertise of forensic accounting services that take a broad range of scenarios into consideration. This is done in order to calculate an estimate based on the objective data that is available. Call us today to discuss your injuries and we will be able to help you get justice.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

3 Commonly Asked Questions Regarding Personal Injury Claims

Have you been injured in an accident for no fault of your own? You are not alone because every day hundreds of accidents occur that lead to injuries and even death. However, you might be unaware of the fact that you are fully justified in asking for compensation. Although the legal term “personal injury” refers to injuries of an emotional, mental, or physical nature as opposed to property injuries or damages. It is classified as a tort lawsuit wherein one individual (the plaintiff) files a claim for damages, and alleges that their injuries were caused by another individual’s (the defendant) negligence.

What happens when I file a claim? If you file, you are the plaintiff and the party who caused your injuries, that you filed the claim against, is the defendant. There may be up to three lawyers actively involved in the case – one representing the defendant, one representing the plaintiff, and one representing the insurance company.

The first stage of the case is referred to as the “discovery” process, wherein facts are gathered in a number of ways such as depositions, documentation, interrogation, and so on. In many instances, a settlement is reached at this point, and the case does not go to court. Statistics show that very few personal injury actions ever make it to a court trial as it is. However, it is important that you seek professional legal assistance, because when you do not have a lawyer in your corner, you will never be compensated, as per your injuries, by the insurance companies. They will always offer you a low amount when you settle with them.

How much time do I have to file my personal injury claim? There are usually time limits; i.e., “statutes of limitations” that govern how long an individual has, before they may no longer file a personal injury claim. These time limits will vary from one state to another. However, if you miss the statutory deadline, your case will likely be thrown out of court.

If the court rules in my favor, how much will I be compensated? The amount of compensation awarded will vary from one case to the next. For instance, a person may be compensated for lost wages now, and in the future, medical bills, your physical pain and suffering, etc. You may also be awarded damages for any disability, or physical disfigurement that resulted from the accident, and your injuries.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!