Personal Injury Law
Liability in Personal Injury
Personal Injury Law
Liability in Personal Injury
When the negligent actions of someone caused your injuries, the success or failure of your personal injury claim will depend on proving the defendant’s liability in court. This is why you need to have our experienced personal injury lawyers by your side, fighting for the maximum compensation for you in the case. Even when you cannot afford a lawyer, you can take advantage of our ‘No Win, No Fee’ policy and engage the services of our legal team on a contingency-fee basis. Get in touch with our personal injury team today for a consultation.
Our Personal Injury law services
- Boating Accidents
- Bicycle Accident
- Car Accidents
- Catastrophic Injury
- Chronic Pain
- Cross-Border Injury
- Dog Bite Injury
- Fractures and Orthopaedic Injuries
- Liability in Personal Injury
- Long Term Disability Insurance
Claims - Medical Malpractice
- Motorcycle Accidents
- Nursing Home Negligence
- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
- Spinal Cord Injury
(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
What constitutes liability under Canadian law?
Liability refers to the legal responsibility for the event or accident that led to the victim’s injuries. For example, in the case of an injury caused by a pet, the pet owner will be held legally liable for the injuries, even if they were not present at that time. Similarly, the parent or the guardian might also be held legally liable for the injuries caused by a minor.
What are the different types of liabilities in a personal injury case?
Negligence: This refers to the failure of the defendant to meet the standard of duty of care, thus causing the victim’s injury. This can be the result of the defendant’s reckless action or even their failure to act.
Occupiers’ Liability: Occupiers’ liability refers to the claims of liability stemming from an injury that happened on the defendant’s premises. The victim has a valid personal injury claim if they can prove that the defendant failed in their duty to ensure reasonable levels of safety at the premises.
Product Liability: As the name suggests, any personal injury caused by a defective product will fall under this category. The injury can be caused by a design flaw, a manufacturing defect, a failure to provide enough warnings or safety instructions or because of the side effects of using the product.
Vicarious liability: In some personal injury cases, the actions of one person might result in the liability of another in the personal injury claim. For example, when the employee causes an accident while on duty, the employer might also be held liable for the resultant injuries. Similarly, the parent or guardian may be legally liable for the injuries caused by the negligence of a minor. In some cases, the owner of the vehicle will be held liable when the driver drives rashly and causes an accident, leading to injuries.
Strict Liability: In a strict liability case, the plaintiff is not required to prove the negligence of the defendant in causing the injury. The focus will be on proving the injury was caused by a specific act and that the defendant is held automatically responsible for the cause. For example, in the event of a dog bite, the owner of the pet becomes automatically liable for the injury. The victim only needs to prove that the attack happened. As you can imagine, this applies only in specific legal scenarios, such as product liability, ownership of dangerous animals or the handling of dangerous materials.
Contributory negligence: Sometimes, it may not be possible to attribute the responsibility for causing the injuries solely to one person. In fact, even the victim themselves might have contributed partially to the accident that caused their injury. Under the principle of contributory negligence, the court will proportionately attribute negligence to each party, and the final compensation to the victim will be reduced accordingly.
What are the legal requirements for proving negligence in a personal injury claim?
Duty of care:
Duty of care refers to the responsibilities the defendant had towards the victim. For example, the driver of a vehicle is expected to drive safely, following all the safety rules, without endangering the lives of others.
Standard of care:
This refers to the reasonable level of care expected from any prudent person under similar circumstances. For example, in case of an accident, the driver of the vehicle is expected to stop the vehicle immediately and seek immediate medical attention for the victims.
Breach of duty of care:
There was a clear failure on the part of the defendant in meeting the standard of care expected from them.
Causation:
There is clear evidence to show that it was this failure of the defendant to meet the standard of care that caused the victim’s injury.
Damages:
If the victim succeeds in establishing the liability of the defendant in causing the injuries, they may seek damages in court.
How can a personal injury lawyer help you?
Checking the validity of your claim:
As already mentioned, if it is not possible to establish the defendant’s liability in causing the injury, you may not even have a valid personal injury claim to begin with. An experienced personal injury lawyer will look at the particular circumstances of your case and guide you in the best course of legal action.
Negotiating for maximum compensation:
Your lawyer will help you quantify the amount of compensation you can claim depending on the level of your injuries. In most cases, personal injury claims are settled in negotiations with the insurance companies and lawyers. Let your lawyer handle such negotiations on your behalf to ensure that you receive the maximum compensation you are entitled to.
Legal representation:
If the negotiations fail and the case finally reaches the court, your lawyer will present your side of the argument and fight for a favourable outcome for you in court.
We can Help
If you are planning to file a personal injury claim, get in touch with our legal team today for a consultation. Our experienced personal injury lawyers will ensure that your rights are protected and that you receive a compensation amount that is just and fair.
Frequently Asked Questions
What are the three main elements in proving the liability in a personal injury claim?
- Duty of care of the defendant
- Breach of the duty of care
- Causation or establishing the direct link between the breach and the victim’s injury.
Without establishing the direct link between the breach of the duty of care and the victim’s injuries, you may not have a valid personal injury case.
What are the different types of damages you can claim for a personal injury?
In a personal injury claim, the victim can claim both pecuniary and non-pecuniary damages under various headings. It is important to note that non-pecuniary damages, such as for pain and suffering, will be capped at a certain threshold depending on the level of your injuries.
- Medical expenses: The victim has the right to claim full reimbursement for the expenses incurred for the treatment of the injuries, including for future medical care, if required.
- Pain and suffering: The victim can claim compensation for the emotional turmoil they went through because of the injuries.
- Lost wages: The defendant is liable for the lost wages incurred by the victim while recovering from the injuries.
- Loss of earning potential: If the injuries permanently reduced the victim’s earning potential, they may claim compensation for this as well.
- Housekeeping and home maintenance expenses: Because of the injuries, the victim will have to hire people to take care of various chores related to housekeeping and home maintenance. The defendant is liable to reimburse these expenses.
- Any other out-of-pocket expenses: The victim may seek reimbursement for any other expenses they incurred because of the accident and the injuries.
Is there any limit to the amount I can claim as damages for my injury?
As far as the pecuniary or economic damages are concerned, there is no specific limit per se since they are based on the actuals, with the victim expected to submit the medical bills and records to substantiate their claim. However, various court judgments over the years have established a standard limit for non-pecuniary damages, such as for pain and suffering, mental anguish, and emotional distress. This amount is currently capped at $460,969, and it is updated every year, adjusted for inflation. Please consult our personal injury lawyer to quantify the appropriate amount of compensation you can claim for your injuries.
What is a contingency fee arrangement?
It is often the case that the injured party will be dealing with a lot of medical expenses because of their injuries, and they cannot afford to hire a lawyer to represent them in the case. If so, they still have the option to hire an experienced and qualified lawyer on a contingency-fee basis. This means that the lawyer will receive an agreed percentage of the final compensation amount only after they secure the victory for their client in court. If they fail to secure any compensation in the case, the client is not required to pay them.
How long will it take to settle my personal injury claim?
It is not possible to generalize the duration of a personal injury claim since it will depend on the particular circumstances of the case. Multiple factors, such as the complicated nature of the accident, many parties contributing to the cause, a lack of conclusive evidence, and defendants refusing to admit responsibility and cooperate with the process, could all affect the duration of the case. For example, a simple case of a slip-and-fall injury might drag on for many years if the defendants refused to cooperate with the victim in paying the damages and continued to appeal the case in the higher courts.
Is there a statute of limitations for personal injury claims?
In most cases, the general statute of limitations of two years will apply. However, you are well advised to consult our personal injury lawyer with the particular details of your case, regardless of the lapse in time. For example, under the principle of discoverability, the two-year statute of limitations will only start on the day you became aware of the injury caused by the accident in question. Also, if the victim was just a minor at the time of the accident, the statute of limitations will only start on the day they turn 18 years old. On the other hand, if you are filing the claim against a government authority, such as a municipality, you are required to provide notice of your intention to file the personal injury claim within 10 days of the incident. It is best to consult with our personal injury lawyer immediately after the incident to make sure that you do not miss any important deadlines.
