For What Types of Damages Can I File a Claim?
You’ve probably heard of the word “damages,” in the legal sense, but what does it mean? Damages is in reference to the amount of money awarded in a lawsuit to help a person recover from their injuries, offsetting the losses and suffering caused by someone else’s negligence or fault.
Damages in a personal injury lawsuit can range from thousands to millions of dollars, depending on the severity of the injury and the losses incurred. Someone may no longer be able to work after a debilitating auto accident, or have enormous future medical and health care bills to treat a brain injury after slipping and falling on ice in an Ontario merchant’s parking lot.
This post will discuss how common slip and fall accidents are in Ontario, what sort of damages we see from clients, and how you can contact a local slip and fall lawyer today to discuss your legal options.
Ontario Slip and Fall Statistics
Slip and fall injuries are those that you sustain when you slip, trip, or fall. They can be as minor as a sprained ankle to as scary as head trauma and spinal injuries. Those injuries that occur on another person’s property, where the owner or occupier has been found to be negligent, may qualify the injured person for a premises liability claim.
Just how common are slip and fall claims?
More than 42,000 Canadians are injured each year in a slip and fall accident. This number accounts for just accidents in the workplace, which is one of the most common places for a fall to occur. About 17% of time-loss injuries accepted by workers’ compensation boards or commissions across Canada are due to slip and falls.
Slips happen when there’s not enough traction between the ground and your footwear. The surface is too wet or oily, there’s a spill, a rug is loose, or the traction is off in various parts of the floor. Trips occur when your foot hits an object — clutter, uncovered cables, and wrinkled carpeting, for instance — and you lose your balance.
Most slip and fall accidents in Ontario occur not from a high level to a lower level, but on the same level. Despite what one would assume is a decreased risk of severe injury, same-level accidents can be just as serious. A trip on a sidewalk that is poorly maintained or falling on a bit of unmarked spilled water in a public restroom could easily send someone right to the emergency room with life-changing injuries.
See also: FAQs on Slip and Fall Accidents
Common Damages Related to Slip and Fall Incidents
Although you are awarded damages when you win a personal injury lawsuit, damages also are commonly referred to as all the things you have to pay for after an accident. They can range from physiotherapy bills to lost wages, to pain and suffering or even damage to your relationship because of your injuries.
- Personal support workers and/or attendant care;
- Prescription medication payments;
- Physical therapy, occupational therapy, and other treatments;
- Lost wages and/or benefits (past and future);
- Pain and suffering, including emotional and mental disorders related to the injury.
You’ll need evidence to substantiate your claim, including photos of the accident scene, the clothing and shoes you were wearing at the time of the accident, medical records, proof of lost wages, receipts, and more. An injury journal that documents your day-to-day after the accident, how much pain you are in and how the injury is affecting your life also is useful as evidence.
Why You Want to Consult with a Slip and Fall Lawyer
Your potential compensation for a slip and fall claim will vary based on your injuries, your evidence of those injuries, and who was at fault (include what percentage of that fault was theirs) for the accident. You cannot file a slip and fall claim for something that wasn’t caused by the negligence, at least partially, of someone else.
You’re also limited by the time in which you can file a claim. In most cases, the statute of limitations starts running on the day of your accident, though generally, you’ll wait to file your claim until you’ve reached your maximum medical recovery in order to receive the most compensation possible. Your slip and fall lawyer will help review and gather evidence on your behalf, identify witnesses, and ensure the property owner owed you a duty of care.
If you’ve been injured in a slip and fall accident, don’t hesitate to contact our experienced lawyers of Preszler Injury Lawyers. Fill out our online contact form or call us at 1-800-JUSTICE for a free case review today.