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Injury Compensation Law - Accident Claim Lawyers

LAWYER HELPLINE: ☎ 855 804 7125

Accidents are very common in Canada due to negligence often exacerbated by the inclement weather and winter temperatures. Many accidents caused by the negligence of a third party lead to serious injury or death for an innocent victim. Ever year in Canada there are more than 10,000 fatalities caused by motor vehicle accidents alone, some resulting in wrongful death claims for drivers, passengers, pedestrians, cyclist and motor cycle riders. An accident which causes personal injury and loss can be entirely accidental with no person at fault or the accident can be the result of the negligent actions of more than one party or a single negligent individual. If you need advice on accident compensation law just call the helpline.

Court of Law

If there is a negligent third party involved, then the injured parties can file a negligence claim in a court of law against that person. The issue of legal proceedings in a court of law usually requires the injured person to instruct a personal injury lawyer who is skilled in making accident claims. The lawyer should be an injury compensation law expert and will reconstruct the accident, take witness statements and make a determination as to whether or not you have a viable claim based on negligence. The lawsuit begins when a claim is filed in a court of law.

Accident Lawyer Legal Charges

In an injury compensation law suit run by us, the injured party does not have to pay up front. The representation is not charged until the point is reached when the personal injury lawyer wins the claim and the judge makes a financial award. The lawyer takes a pre-agreed portion of the money and the injured party retains the rest. Defendants or more likely their insurer, on the other hand, must pay their lawyer throughout the lawsuit. If the injured party's lawyer loses the case, no one gets any money and the injured party is relieved of all obligations to pay for the lawyer's work.

Injury Compensation Law

Negligence has many different definitions under accident compensation law however in general terms it may be describes as:-

"The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same community."

Accident compensation law requires a claimant to show that the defendant owed the claimant a duty of care, that the defendants's actions were negligent and that the negligent act caused injury and/or loss which was reasonably forseeable. If all three requirements are present then a claimant will succeed in an action for negligence against the defendant and will be able to claim compensation for personal injury and loss.

Damages

For convenience of calculation and assessment financial awards are divided into "special damages" and "general damages". For determination of the award of special damages which applies to certain categories of loss, mathematical calculations are used to determine how much money should be awarded to the injured party. General damage items by their very nature cannot be calculated accurately on a mathematical basis and are determined by examining the facts of the case and thereafter a judge makes an assessment.

Compensation

Personal injury awards can be complicated. A value is given to the pain and suffering of the injured party both physical and psychological. The lawyer calculates the amount of lost wages since the accident as well as future loss of wages. If the injured party would be denied a promotion or better job opportunities as a result of their injuries, this is included in the claim. If the injured party loses their job as a result of injuries, the loss in income is included. Some injured people have a lesser chance of getting a job after the accident and this is taken into account as part of the claim. Some injured people can't enjoy their previous daily activities or their hobbies or previous lifestyle because of the influence of their injury which is compensable. The amount of money spent on physical care, either at a nursing home or at home, can be included fully within the totality of the claim. The personal injury lawyer factors all of these losses (and many more relevant items) into the claim together with out of pocket expenses and other reasonably incurred financial losses.