Personal Injury Law Definitions in Canada

Are you struggling with a life-threatening or agonizing injury? In these circumstances, going to court toget your due financial compensation may seem challenging. The majority of personal injury victims prefer not to contact any lawyer as they find the law confusing to understand.

With the support of an experienced personal injury lawyer by your side and clear knowledge of personal injury law definitions can help you navigate the law better and get the compensation you deserve to heal.

Here are the most commonly used personal injury definitions and terms that’ll help you understand your own case better:

Personal Injury Definitions and Glossary

Action – Action refers to a legal step that starts the process of a claim or lawsuit filed against the other party and charges them with a loss, damages, or injury.

Accident benefits – These are monetary benefits paid by the car insurance company to anyone injured in a car accident. These benefits can help the injured person provide for their lost income, medical expenses, rehabilitation expenses, attendant care, or housekeeping expenses

Activities of Daily Living – Activities of daily living are small tasks or actions performed by an individual on a daily basis for self care or hygiene needs before they met with an accident. These activities are meant for personal health and hygiene, housekeeping, or recreational tasks (activities done at work are not included here).

Adjuster – An adjuster is the insurance company’s representative tasked with monitoring, verifying, and assessing an insurance claim assigned to them. While evaluating the claim, they are also responsible for validating the rationality of the claim. They evaluate the claim as per the insurance policy and endorse a specific value that can settle the insurance claim.

Affidavit – Affidavit is a written statement presenting evidence and facts for a specific claim. It is validated by an oath that an individual takes in the presence of a lawyer.

Alternative Dispute Resolution – This is a method to settle a particular claim or resolve a conflict without going to court. There are many alternate dispute resolution methods, including but not limited to mediation, arbitration, and settlement.

Appeal – An appeal is a demandfiled by a defeated party to a higher board or court to review an administrative decision.

Arbitration – If two parties to a claim are unable to reacha mutual agreement, arbitration can be used to settle that claim. An arbitrator is an impartial third person who is mutually chosen by the two parties to help settle the dispute that is final and binding on both of them.

Assessment – It is a medical review that helps determine the extent of injuries sustained by an injured person. The insurer generally requests this review and uses it to approve a treatment plan for the affected person.

Assumption of Risk – If a person is aware of the dangers of doing an activity and still goes ahead with it and gets injured, they may not be successful in getting any damage from their own insurance company or the other party to the claim.

At-fault Party – An at-fault-party is also commonly known as the defendant. This person is responsible for the accident that has caused the injury.

Any Occupation Test – Any occupation test refers to a specific time period after which an injured person becomes eligible for long term disability benefits. The eligibility comes into effect if the they are unable to do any tasks or occupation for which they are rationally qualified or could be qualified by education, experience, or requisite training.

Attendant Care – This is a type of accident benefit paid for by the insurance company. Any expense that helps the injured person get on with their daily living activities are included here but not limited to feeding, bathing, getting dressed, or being supervised. The person or the company providing the care are the actual recipients of this attendant care amount.

Bad Faith – Any action performed with the intent to deceive another person is known as bad faith. The person responsible for performing the bad faith action seeks to benefit from it. For instance, if an insurance company delays benefits to an injured person with a rational claim, this would amount to bad faith on the part of the insurance company.

Bodily Injury – When an injured person suffers from a physical injury resulting from a traumatic incident, it is known as bodily injury. Bodily injuries can occur due to many circumstances, including but not limited to a slip and fall, car accident, motor vehicle accident, or other accidents that may result in trauma.

Burden of Proof – A burden of proof is the plaintiff’s responsibility to prove the degreeof their injury to validate their claim. The plaintiff is the injured personthat needs to prove the cause for the incident and the liability to give a rightful response to the defendant.

Case Manager (CM) – A case manager is a professional tasked with coordinating all the rehabilitation activities and services that have directly arisen from a personal injury incident. The case manager supports the insured person and helps them get back to their normal life effectively andon time.

Car Insurance: Car insurance helps a person avoid losses that can result when they own and drive a car.

Caregiver Benefit – A caregiver benefit is for individuals who are catastrophically injured in a car accident and are in no position to provide full-time care to any dependent they may have. Caregiver benefit can also be purchased as an optional benefit by an insured person.

Catastrophic Impairment – A catastrophic impairment is an extreme form of injury that can happen to an injured person who requires rehabilitation and medical benefits for their complete life. Such impairment may also lead to an enhanced impact on the funds needed for treatment and an increased period for support.

Catastrophic Injuries – Catastrophic Injuries are severe injuries that typically result from motor vehicle accidents. They can have a distressing impact on an injured person’s life and leave them unable to lead a life that they had before the accident. Catastrophic injuries can include but are not limited to loss of vision, amputation of a limb, quadriplegia, paraplegia, brain impairment (minimum of level 9), or impairment with an impact of 55% or more on the affected person.

Chronic Pain – Chronic pain is a type of pain that constantly occurs in a specific body area. A regular pain management treatment plan is vital to manage chronic pain, where a doctor performs pain assessments and prescribes suitable medication to assist with pain relief.

Claim – A claim is a demand when an injured person seeks compensation for their injuries, pain, and resultant suffering. It is a legal right that every person who gets injured has to request an individual or their insurance company for benefits or damages to help ease their suffering.

Collateral Benefits – When an injured individual has benefits available to them arising from their employer’s health benefit plan, those are collateral benefits. These benefits are provided by an insurance company and paid for by the injured person’s employer.

Compensation – When an injured person demands money to help them cope with their suffering, pain, loss of income, medical expenses, house maintenance, or housekeeping costs, it is known as compensation. The dollar value of the money demanded in the claim is the amount of compensation.

Contingency Agreement, Retainer, or Contingency Fees–A contingency agreement is when a plaintiff works with a lawyer for a case where the fees for services become payable only if the case’s result is favorable for the plaintiff. Simply put, the lawyer will not get paid for the case if it’s not settled in the plaintiff’s favor.

Contributory Negligence – Contributory negligence is a situation in which the court assigns the liability for an accident to two or more parties on a percentage basis. In this case, the plaintiff is not required to prove that the at-fault party holds complete liability for the specific accident.

Counterclaim – A counterclaim is a case filed by the defendant as a response to the plaintiff’s claim. If the defendant is of the opinion that the plaintiff also owes damages, they may file the case.

Cross-Examination – When a witness in the case is questioned and examined by the other party, it is known as cross-examination. In cross-examination, the opposite party seeks to get answers to their questions to validate the veracity of the evidence, proof, and case documentation that has been submitted.

Coma: A state of unconsciousness from which the patient cannot be aroused, even by powerful stimulation.

Damages – When a person injured in an accident claims a dollar value to help meet their medical expenses, trauma, pain, and suffering, it is known as damages. It is the amount of money claimed as an equivalent of the damage done to the affected person in the specific accident.

Deductible – Deductible refers to a specific clause present in an insurance policy that favors the insurer. It releases the insurer from paying a specified amount of the loss incurred by the party to the insurance contract.

Defendant – A defendant is an individual or corporation against whom a claim is filed in a court of law. When the plaintiff files the lawsuit, the defendant needs to prove their side of the claim or face the responsibility for the damages or compensation stated in the claim.

Disorientation – Disorientation is a mental state when an individual has no idea about themselves, where they are, and what they are doing. It is a healthailment in which the affected person can forget everything about themselves, their family, and their work.

Glasgow Coma Scale (GCS) – The Glasgow Coma Scale is a medical term that reviews the extent of brain impairment present in the affected persons. Medical professionals refer to the GCS to discover the gravity of the brain injury that may have occurred in the specified accident.

Glasgow Outcome Scale (GOS) – The GOS is a medical system that helps identify and classify the end result or outcomes for survivors of head injuries. It helps identify what activities a brain injury survivor can complete on their own without any external assistance and has in-built functional independence markers.

Judgment – Judgment is a process in which a court of law frames its opinion after reviewing all the case documentation, evidence, and independent evaluations submitted by both sides of the lawsuit. The judgment is based on an analysis of the present circumstances by comparing it with insights, preferences, and personal values of the parties involved.

Limitation Period – A limitation period refers to a period of time in weeks, months, or years after which a lawsuit on a specific matter cannot be filed in a court of law by the affected party.

Medical Malpractice – Medical malpractice is an action or omission not covered under the acceptedmedical practice standards or best practices established in the medical community. Such omissions or actions are done by a health care provider and end up causing an injury to the affected person.

Minor Injury – A minor injury is any injury that includes but is not limited to a strain, contusion, abrasion, sprain, whiplash disorder, laceration, or a clinically associated sequela.

Optional Benefit – When an insured person or their family member purchases additional insurance benefits as part of an insurance policy, they are known as optional benefits.

Occupational Therapist – An occupational therapist is a registered medical professional who helps people with injuries to heal better and be available to perform their daily living activities, including but not limitedto eating, bathing, walking, and more. They assist and train injured persons to increase the ability to function and perform self-care activities as they used to do before the accident-induced injuries occurred.

Personal Injury Law – Personal Injury Law is a field of law involved in dealing with incidents where people are injured in accidents. The incidents caused by personal injury may include but are not limited to boating, assault, medical malpractice, slip and fall, dog bites, motorcycle or car accidents.

Pre-Claim Examination – In a pre-claim examination, an insurance company can request an opportunity to make an independent assessment of a specific incident. An insurer can request this assessment even if any claim has still not been made. The injured person receives the pre-claim examination request and is under no obligation to fulfill it. They may even refuse to undergo this assessment without facing any penalty.

Physiotherapy / Physical Therapy: Physical Therapy is when an injury is treated using exercises intended to be of therapeutic or relaxing nature. Physiotherapy helps to treat physical dysfunction or various injuries.

Physiotherapist – A physiotherapist is a registered medical professional with expertise in the field of physical therapy. They help injured persons to heal by improving the function and movement of their limbs and joints.

Plaintiff – A plaintiff is an individual or corporation who initiates a lawsuit in a court of law. They file their claim against the other party, who is known as the defendant.

Psychiatrist – A psychiatrist is a medical professional specializing in managing and preventing behavioral and emotional issues that many injured people may be experiencing.

Psychologist – A psychologist is a medical professional who helps people diagnose, manage, and prevent emotional and behavioral issues.

Ranchos Los Amigos Scale – A Ranchos Los Amigos Scale is a medical assessment scale that measures the extent of recovery of people with brain injuries or people currently recuperating from the coma.

Range of Motion – Range of Motion or ROM is a medical term that defines limb or joint movement in the human body. Regular movement of joints or a reasonable range of motion is vital to help prevent any contracture.

Rehab Support Worker – A rehab support worker is a medical professional who supports injured people in completing their daily living activities and personal care tasks. They help injured persons to get back into their communities by keeping track of their safety and health needs.

Social Worker – A medical professional experienced in helping people with their emotional, social and financial needs is known as social workers.

Statement of Claim – A statement of claim is a legal document that initiates a lawsuit by claiming damages due to another person’s actions or omissions that caused them pain, suffering, or loss of any kind. The plaintiff’s lawyer typically prepares the statement of claim.

Statement of Defence – A statement of defence is a legal document drafted by the defendant’s lawyer as a response to the statement of claim. It presents the defendant’s response to the claim and usually denies the allegations made in the statement of claim.

Speech and Language Pathologist – A speech and language pathologist is a regulated medical professional dealing with diagnosing and treating people with auditory, cognitive, speech, language, writing, reading, or expression issues or skills.

Threshold – Threshold is a term that defines the level of impairment or damage suffered by a plaintiff. The plaintiff needs to prove the damage done was above the normal threshold in order to recoup compensation for motor vehicle claims. In tort claims, the injury should be a permanent or serious impairment of any mental, physical or psychological function.

Tort – Tort refers to any damage, loss, or injury caused to a person by a wrongful act of another person.Incidents of tort include but are not limited to actions or omissions done negligently, willfully, or in situations involving liability. Any actions leading to the breach of contracts are not included in the definition of tort.