Every year, thousands of Canadians sustain injuries in accidents and incur expensive hospitalization and medical care costs. A vast number of these injuries happen due to negligence of another party, and despite the fact that citizens know who’s responsible for this, not fully knowing personal injury laws prevents them from claiming compensation.
Therefore, as a citizen of Toronto, it’s essential to know about personal injury laws and when to hire a personal injury lawyer if you sustain an injury. But while Canadian laws offer protection to victims of personal injury cases, knowing key regulations in personal injury laws can help you increase your chances of a successful claim.
From what is a personal injury to the type of coverage it offers to claimants, here’s everything you need to know about.
Let’s Understand What Personal Injury Is
To fully benefit from Canadian personal injury laws, it’s essential for you to understand what personal injury is. As per the law, a personal injury is any physical, emotional, psychological, or economic injury that a person sustains due to another person’s negligence or malicious intent.
So if you suffer a physical injury or lose your job due to an accident caused by someone else’s mistake, you have the right to file a personal injury claim. In this claim, you’re the plaintiff whereas the other party (a person, organization, or group of people) is the defendant. Personal injury claims are dealt with under matters of civil litigation.
Types of Personal Injuries
There are numerous types of personal injuries as specified by personal injury laws in Toronto. Here are some of the common types of personal injuries.
Slip and Trip Accidents
Slip and trip account for the majority of personal injury cases in Canada. Slip and trip accidents occur when someone else fails to fulfill their civic duty.
Dog Bites
Over half a million cases of dog bites are reported in Canada annually. This means up to 42 Canadians get bitten by dogs every hour. These dog bites result in civil lawsuits against dog owners for failing to ensure safety of others around their pets.
Medical Malpractice
If you suffer an injury (loss) during a surgery or medical treatment, you can file a case of medical malpractice against the healthcare practitioner. However, proving medical malpractice is often very tricky, which can be done with the help of a top lawyer in Toronto.
Poor Quality Product Consumption
Canadian businesses are obliged by the law to ensure the quality of their products. If a consumer experiences a health issue due to a poor-quality product, the manufacturer is liable for personal injury under product liability laws.
Premises Injury
If you suffer an injury at your workplace, at a friend’s house, or on a neighbor’s curb, you can file for premises injury. This injury claims that the owner of the said premises failed to maintain safety standards of their property, resulting in the plaintiff’s injury.
Road Accidents
Road accidents such as motorbike, car, or bicycle accidents also fall under personal injury claims. An accident lawyer can help you file a personal injury claim against the at-fault party.
Intentional Injury
Intentional injuries are quite different from unintentional personal injuries. A person sustains a personal injury of intentional nature when the defendant harms the victim with deliberate, ill intent. Often, these injuries are categorized as assault and are dealt with under criminal laws.
Some Key Regulations in Personal Injury Laws to Consider
Before you proceed to file a personal injury lawsuit in Canadian courts, here are some key regulations to keep in mind.
Time Period to File Claims
Canadian statute of limitations has a specified period during which you can file a personal injury claim. For most types of injuries, the time period defined by the law is two years from the time a plaintiff becomes aware of their injury.
Canadian law considers limitations of patients who suffer an injury due to medical malpractice and may not become aware of the damage for a while.
Age of the Plaintiff
In case the victim is a minor, the statute of limitation begins after the person turns 18 years of age. However, in some cases, guardians can act on behalf of minors and file a personal injury claim.
Burden of Proof
The burden of proof lies with the claimant in a personal injury lawsuit. This means that the defendant does not have to prove their innocence but instead the plaintiff has to prove the negligence on part of the defendant that resulted in a personal injury.
Types of Damages Covered
Personal injury lawsuits cover the following damages in Toronto.
Pecuniary Damages
Pecuniary damages are of monetary nature. These include compensation for loss of wages, medical bills, and all the costs that the victim could have avoided if the injury did not take place.
Non-Pecuniary Damages
Non-pecuniary damages account for non-monetary damages such as those of physical pain, emotional stress, or psychological nature. Another key regulation in personal injury laws is that non-pecuniary damages can go up to $400,000.
What to Do in a Successful Personal Injury Claim?
Once you hire a lawyer in Toronto to represent you in a personal injury claim, they will help you gather evidence and build a strong case. After the lawyers on both sides have built their cases, negotiations take place during which 95 percent of personal injury cases are settled out of court.
Here’s what you can do in case of getting a compensation offer from the other party:
- Accept the Compensation or Negotiate: If you’re satisfied with the offer, you may accept it. Or your lawyer can continue to negotiate till you get desired outcomes.
- Consider Filing A Lawsuit: In case the other party does not reciprocate negotiation efforts, you have the option to file a personal injury lawsuit.
For Personal Injury Cases in Toronto, Connect with Nanda!
Now that you know about the key regulations in personal injury laws, it’s time to file a case. In case you or a loved one has suffered a personal injury and need to hire a top lawyer in Toronto, then reach out to Nanda and Associate Lawyers.
The law firm also has experienced divorce lawyers, immigration lawyers, and corporate lawyers on board. Book a free consultation today to discuss personal injury claims, Canadian immigration, or refugee claims in Canada.
