When people are injured in a car accident in Ontario, they have two options. The first is to claim accident benefits through their insurance company, regardless of who was at fault for the accident. If another individual was at fault, the injured party may also file a tort claim, or a lawsuit, against that person in order to sue for compensation.
There are only certain instances in which a person can sue an at-fault party. A Hawkesbury car accident lawyer can help you determine whether or not you have the right to sue, and take you through the lawsuit process. To begin building a claim, it is important to contact a Hawkesbury injury attorney as soon as possible.
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When injured parties wish to sue an at-fault party for compensation after an accident, they must be able to prove negligence. In order to prove negligence, the injured party must be able to prove that the other party owed them a duty of care, and that they breached that duty.
Proving that the other driver breached the duty of care is the most difficult to prove, as all drivers owe each other a duty of care to keep everyone safe. In order to prove another driver was negligent, the injured party must be able to prove they were careless or acted erroneously while on the road. That negligent act must have caused the accident.
Along with proving that the at-fault party was negligent, the injured party must also be able to prove that they are in fact, injured. When the car accident is very minor and no one is seriously hurt, compensation cannot be sought.
While some aspects of negligence can be relatively easy to prove, others can be more difficult. It is important injured parties hire a car accident lawyer in Hawkesbury that can help them do it.
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When a person is injured or dies in a car accident, they or their family can sue for compensation if another party was found to be negligent. Compensation comes in the form of pecuniary damages or non-pecuniary damages. Pecuniary damages are those that can have an actual dollar amount attached to them. These would be items such as medical expenses and past and future loss of income. To obtain such compensation, an individual should consult a car accident lawyer in Hawkesbury as soon as possible.
There is only one limit on these types of damages and they pertain to loss of income. An injured individual can only claim 70 percent of their gross income prior to the case going to trial. Once the trial is over, the injured party can claim 100 percent of their loss of income.
Pecuniary damages, also known as general damages or pain and suffering, can also be claimed. In Canada however, this type of compensation is capped. In Ontario, injured parties will have to pass a threshold showing that their injury was serious, permanent, and prevented them from performing functions they did before the accident. Canada also has a cap on these damages at approximately $360,000. When a loved one has been killed in a car accident due to someone else’s negligence, their family members may file a wrongful death lawsuit.
Benefit of a Lawyer
Filing a lawsuit can be difficult and being awarded compensation, even more so. If you or a loved one has been injured or killed in a car accident, contact a Hawkesbury car accident lawyer that has experience with these cases and that can help you with yours.