Personal injury law establishes monetary damages for those who have sustained injuries or incurred property damage because of the action or inaction of another person or entity.
If you have been harmed physically or economically you should promptly contact a Collingwood personal injury lawyer. In meeting with an experienced injury lawyer, you will learn if you have a viable case and what options are available to you under this complex area of law.
Our personal injury lawyers can meet with you in Collingwood for a free initial consultation. Call (416) 364-2000
Scope of Personal Injury Law
Long established in common law, modern personal injury law encompasses many types of situations and circumstances. These include getting hurt slipping on a market’s wet floor, getting bit by a neighbor’s dog, medical mishaps, products released with a dangerous defect, truck collisions, car crashes, and many more situations.
Proving your case hinges on the legal concept of negligence which makes hiring an experienced Collingwood personal injury lawyer extremely important.
Collingwood Personal Injury Lawyer Near Me (416) 364-2000
Legal Definition of Negligence
Negligence is defined by the Supreme Court of Canada to be a person’s act or lack of action, whether intended or not, that results in “an objectively unreasonable risk of harm.”
To prove negligence, the harmed person must prove each of these five elements of the law:
- Duty of care: A person has the legal obligation to not cause harm by his or her action, or by failing to act, toward another person
- Breach: Failing to act dutifully
- Cause in fact: The negligent conduct caused another person’s loss
- Remoteness of damages: Injury or damages caused were foreseeable
- Actual loss: The negligent act or failure to act must have caused a financial loss
In civil law, the plaintiff or their Collingwood personal injury lawyer must prove the case by a preponderance of the evidence, meaning more likely than not.
A defendant in a negligence claim in Collingwood may prevail by proving that their action or inaction did meet the standard of care that is expected of what a “reasonable, prudent person” would do in the same situation.
Degrees of Negligence
The law recognizes two serious degrees of negligence. Gross negligence is an act of recklessness and knowing disregard in taking an action and is called willful misconduct. Criminal negligence is a “wanton or reckless disregard” for the well-being and life of another.
How a Collingwood Personal Injury Lawyer Can Help
After the first meeting, if you hire a Collingwood personal injury attorney, the attorney will conduct an independent, thorough investigation of the event and the relevant history of the defendant to look for any patterns that will bolster your case.
Witnesses will be interviewed under oath and expert witnesses will be engaged if necessary. With all the facts researched, your lawyer will build your case, and file all legal documents and motions on time with the court. Your lawyer will calculate the extent and value of your current and future damages for medical treatment, therapy, loss of earnings, and for the pain and suffering the injury causes.
Often, an insurance carrier will quickly offer to settle for a specific amount that is in the carrier’s best interest, not yours. But your Collingwood personal injury lawyer will negotiate with the insurance carrier to achieve a fair settlement out of court, which saves time and money. If your case goes to court, your lawyer will present your case and pursue your full and fair compensation.