There are multiple considerations to make when filing a personal injury lawsuit in Ontario. Your focus should not have to rest on the stress of managing a lawsuit. Instead, consider discussing your case with a personal injury lawyer serving Courtice at Preszler Injury Lawyers. Learn more about your options during your free initial consultation with our office by calling 1-800-JUSTICE.
And if your injuries prevent you from traveling, our legal team could come to you. Health and stress management are critical to your recovery, and we want to give you every fighting chance possible at a better turnaround. Let us know how we may be able to help.
Our personal injury lawyers can meet with you in Courtice for a free initial consultation. Call (416) 364-2000
Types of Personal Injury Claims We Represent
Personal injury is a broad term of law that refers to legal actions or claims brought by an injured party against another whom they believe to be at fault. As such, Preszler Injury Lawyers offers comprehensive counsel and representation services in plaintiff actions that include but are not limited to:
- Motorcycle accidents
- Slip and fall accidents
- Car accidents
- Catastrophic injury
- Bicycle accidents
- Premises liability
- Snowmobile accidents
- Pedestrian accidents
- Truck accidents
- Dog bites
- Long-term disability
- Wrongful death
- Hip implant injuries
- Sexual abuse
- Birth injury
- Trip and fall accidents
- Medical malpractice
- ATV accidents
- Defective products
- Hernia mesh
- Vaginal mesh
A personal injury lawyer serving Courtice from Preszler Injury Lawyers may address your unique legal needs from every angle when it comes to handling your accident or wrongful death claim if you qualify. To determine your options, call us at 1-800-JUSTICE today.
Courtice Personal Injury Lawyer Near Me (416) 364-2000
Personal Injury Claim and Lawsuit Proceedings: What to Expect
If you have been injured at the hands of third-party negligence, it’s important to know that you may be able to file a personal injury claim or a lawsuit.
Personal Injury Claim
This is typically the first step in the legal process. You file a claim with the at-fault party’s insurance company and your lawyer attempts to negotiate a fair settlement.
The ideal outcome is that financial and medical aspects of your injuries are paid in full by the insurance company. Claims that are unresolvable at this level may escalate into a personal injury lawsuit.
Personal Injury Lawsuit
You and your lawyer may file a personal injury lawsuit when negotiations with the insurance company end without compromise. For example, an adjuster may deny treatment or payments because he or she does not believe the insurer should cover the expense.
If the injured party disagrees with this position, a petition may be filed with the court and thereby initiating a lawsuit.
Elements that Determine if You Have a Personal Injury Lawsuit
There are four factors that determine whether you have a negligence claim.
These factors are the other party’s duty of care, breach of care, causation of injuries, and your ability to recuperate expenses and losses.
Duty to Exercise Reasonable Care
The first element considered is the duty to exercise reasonable care. Every person has a duty to act reasonably and keep others from undue harm. For example, drivers on public roadways have a duty of reasonable care to others through careful and lawful driving.
For example, drivers on public roadways have a duty of reasonable care to others through careful and lawful driving. Property owners have a duty to provide a safe, hazard-free environment. Failing to do so may be in breach of duty to exercise reasonable care.
Failure to Exercise Reasonable Care
This next element directly relates to the first one. Examples of failure to exercise reasonable care can include:
- Forgetting to caution customers about hazards
- Failing to clean up a spill
- Driving while intoxicated
- Failing to yield the right-of-way
- Failing to check a patient’s history before prescribing medication
- A surgeon failing to ensure they are performing surgery on the correct part of the body
- And more
These are only a handful of the many ways a negligent party can cause an injury. We would like to speak with you, regardless of how your accident occurred. Call us at 1-800-JUSTICE today.
The Element of Causation
Showing causation is the third element that determines your eligibility for filing a personal injury lawsuit. Causation is the concept that the duty of care existed, was not maintained, and caused injuries or damages to people and property.
The other party’s negligence must have caused the accident. For example, a driver runs a red light and hits you as you are walking. The driver’s negligence caused you to suffer broken bones and a traumatic brain injury. You may have satisfied the causation element.
Claims of Damages
Damages are the total expenses and losses related to the injuries sustained that is owed to you. In simplest terms, it’s the amount you are alleging that you should be paid for the injuries sustained. An injury lawsuit cannot exist without a valid claim for damages to be paid.
Damages you may be able to recover if you qualify include:
- Past, current, and future medical expenses
- Wrongful death
- Loss of companionship and consortium
- Lost wages and benefits
- Pain, suffering, and mental anguish
- And more
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Do Not Delay Speaking with a Personal Injury Lawyer Serving Courtice
Some limitations exist when filing a personal injury or wrongful death claim in Canada. Per the Ontario Limitations Act, you have up to two years from the date of your accident injury or your loved one’s date of death to file a claim.
Do not miss your chance to file a claim. A personal injury lawyer serving Courtice with Preszler Injury Lawyers is only a phone call away. To see if you are eligible for compensation, contact our office for a free initial consultation at 1-800-JUSTICE. The initial consultation is always free and we recover no fees unless and until you win your case.