Personal injury is a broad term given to the area of law that encompasses any time an individual is hurt by another person’s negligence, carelessness or wrongdoing. When an injury occurs, the injured party can file a formal lawsuit, with the help of an experienced injury lawyer, in order to claim compensation from the individual they believe to be at fault.
If you or a loved one have been injured, and you believe that it is due to the negligence of another person, it is important that you speak to a Burlington personal injury lawyer as soon as possible.
Our personal injury lawyers can meet with you in Burlington for a free initial consultation. Call 1-877-573-3563
What types of personal injuries can you file a lawsuit for?
Any time one person harms another, there may be grounds for a personal injury lawsuit in Burlington. Car accidents make up the most personal injury lawsuits in Ontario, but there can be many other instances in which people may wish to file a lawsuit. They include cases of:
- Premises liability cases
- Slip and fall accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Construction accidents
- Workplace accidents
- Product liability
- Sexual abuse
- Wrongful death
Realizing that one has been injured due to one of these circumstances may be fairly easy, but the case is often more difficult to prove. In most personal injury cases, that proof will depend on the negligence of another person.
This list is certainly not exhaustive so if an individual has been hurt and they believe someone else is to blame, they need to speak to a Burlington personal injury lawyer that can help with their claim.
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In most personal injury cases, negligence must be proven in order for the injured party to receive compensation, although this is not always true. For instance, in Ontario, if a dog bites a person, the owner of the dog will be held liable regardless if they have taken care to ensure their dog would not bite. However, these cases are few and far between in personal injury law.
A personal injury lawyer in Burlington will be able to examine negligence on a case-by-case basis, but typically it involves the plaintiff proving three elements. Those include proving that the defendant owed the plaintiff a duty of care, that duty of care was breached, and the breach resulted in injuries to the plaintiff.
There are some cases in which an accident occurs and negligence will not be found. For instance, a doctor may give a misdiagnosis based on test results, or delay a diagnosis. However, if another doctor would have reasonably come to the same conclusion, this instance would not be malpractice and would not be a valid personal injury case.
Compensation in Personal Injury Cases
Personal injury claims are only filed in order for the plaintiff to receive compensation, and this can be tricky sometimes in Canada. This is because when Canadians think of amounts awarded in personal injury lawsuits, they often imagine the million-dollar figures that are heard about so often in the United States. But these amounts differ greatly in Canada.
One reason for this is because medical expenses make up much of those awards in the States. However, in Ontario, the Ontario Health Insurance Plan (OHIP) covers most of those expenses at the time of treatment, not the plaintiff. While OHIP does not cover all expenses, and restitution for those expenses can certainly be sought, OHIP will cover most medical expenses.
Another reason compensation in Canadian lawsuits is different is because the Supreme Court of Canada placed a cap on punitive damages back in 1978. These awards are meant to punish the defendant for injuring the plaintiff. When inflation is taken into consideration, that cap is about $350,000, so it is not often that award amounts over the million-dollar mark are seen.
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How a Burlington Personal Injury Lawyer Can Help
If you have been injured, and you believe it was due to the negligence or wrongdoing of another person, contact a Burlington personal injury lawyer that can help you with your case. You may still be entitled to compensation, and an experienced personal injury lawyer in Burlington can help you get the successful results you are looking for.