Georgina Personal Injury Lawyer
If you have been harmed by someone else’s negligence in Georgina or elsewhere in Ontario, you probably have a good chance of recovering your losses using Ontario’s personal injury law. It is best if you seek legal counseling, and experienced personal injury lawyers in Georgina are ready to help.
Georgina personal injury lawyers have a strong record of success. Contact an attorney soon for an appointment and they can advise you about the strength of your case and how best to proceed.
Personal Injury Law
This area of law is complex because it encompasses a huge variety of potential circumstances in many different types of accidents and events.
For example, automobile crashes are abundant in this type of case, but this area of law also includes:
- Wrongful deaths
- Dog bites
- Accidents involving bicycles
- Birth injuries
- Premises liability
- Product liability
- Long-term disability benefits
- Falling by slipping or tripping
As diverse as these different events are, the applicable law is a single legal concept, negligence, which can be established through the help of a Georgina injury attorney.
Canada’s Supreme Court has defined negligence as someone’s act or failing to act, as a reasonable person would in similar circumstances that causes “an objectively unreasonable risk of harm” to a person or property. Negligent acts are also distinguished as intentional and unintentional.
Negligence has five elements and each must be proven by a preponderance of the evidence, meaning more likely than not. These elements, which a personal injury lawyer in Georgina can help establish are:
- Duty of care. A reasonable person has a legal obligation toward others not to cause harm by an action or an omission
- Breach. The act violated the required duty of care
- Cause in fact. The act or omission caused an injury and or property damage
- Remoteness of damages. The injury or property damage was foreseeable
- Actual loss. The act or omission resulted in a financial loss
Ontario uses the contributory negligence standard. This dictates that damages are reduced if the injured party’s own negligence, that is failing to reasonably care for personal safety, contributed to the injury or property loss.
For example, if a driver is not wearing a seat belt and is injured when their car is hit by another vehicle, failing to buckle up played a part in sustaining the injury and recoverable damages are reduced.
To recover losses from an injury or property damage, a claim must be filed with the court. If a person hires a Georgina personal injury lawyer, the lawyer will explain the law to their client, conduct an independent investigation of the event, and bring in experts to testify on technical issues if necessary. Witnesses and the opposing party will be questioned under oath to discover any factors bolstering their case.
The lawyer will calculate the amount of the current and future expenses they will incur for medical treatment and therapy and also their present and future loss of earnings. Pain and suffering can often be claimed and punitive damages, as a punishment and a warning, are warranted when the act causing the claim was egregious.
How a Georgina Personal Injury Lawyer Can Help
Your Georgina injury lawyer will prepare your case and submit all the necessary documents with the court. Because the majority of damages are paid by insurance companies, your lawyer will aggressively negotiate with the carrier to achieve compensation that is satisfactory to you.