Hawkesbury Personal Injury Lawyer
Accidents happen even in small towns like Hawkesbury, and when they do, a person harmed by another’s negligence can recover their losses using Ontario’s personal injury law.
If you are injured or your property was damaged, a Hawkesbury personal injury lawyer can help. A personal injury lawyer can explain the law and process to you and assess the strength of your case.
Types of Accident Claims
Personal injury law covers an expansive list of situations in which the action or omission of an action injures another person or damages another’s property including:
- Vehicle collisions (car, truck, snowmobile, motorcycle, bicycle)
- Hitting pedestrians
- Falls from slipping or tripping
- Dog bites
- Premises liability
- Product liability
- Sexual assaults
- Hip implant recalls
- Traumatic brain injuries
- Injuries at birth
- Long-term disability benefits
- Wrongful death
Elements of Negligence
The heart of personal injury cases is negligence. To prove the opposition acted negligently, the law established five elements and each must be proven for a claim to prevail. The elements that a Hawkesbury personal injury lawyer can help establish are:
- Duty of care. A reasonable person has the legal obligation not to cause harm to another either by an act or failing to act. For example, motorists share the road and therefore have a legal duty of care toward each other
- Breach. An act or failure to act violates the duty of care element
- Cause in fact. Injury or property damage occurs from the act or failure to act
- Remoteness of damages. The result of the act or failure to act caused injury or property damage that was foreseeable
- Actual loss. Financial loss resulted from the act or failure to act
A negligence claim may be dismissed if the defense can prove that the alleged act or failure to act did satisfy the owed duty of care, or that a duty of care was not owed.
For example, if a passerby sees a stranger drowning and goes to help, they are establishing a duty of care. Should the passerby, with a concern for their own safety, choose not to help, a duty of care does not exist.
Other defenses may be available depending upon the circumstances of the event.
Ontario has adopted the contributory negligence standard. Contributory means that if the injured person shares a degree of the fault, damages cannot be claimed.
For example, if a snowmobile rider is not wearing a helmet when another snowmobile crashes into it causing a serious head injury, the injured rider cannot claim damages.
How a Hawkesbury Personal Injury Lawyer Can Help
A Hawkesbury personal injury lawyer can launch an independent investigation into the circumstances of the event, which includes interviewing the opposing party and any witnesses under oath to discover information that will help your case. If necessary, your lawyer will have experts testify about technical issues that arise.
Your injury lawyer will calculate your losses for medical and therapy expenses, loss of current and future income, damage to property, and other related expenses you incur.
The majority of civil cases are settled by the parties involved, which is faster and less expensive than going to court. A Hawkesbury personal injury lawyer will aggressively negotiate with the insurance carrier to achieve a monetary settlement that is satisfactory to you.