When one individual has wronged another, either intentionally or through an act of negligence, the injured party often wants to seek retribution. In Canada, when the wrongful act is a criminal act such as assault, battery, harassment, or even murder, the case will be taken to the criminal courts and will be tried by the Crown lawyer (a representative of the government.)
But not all wrongdoings are considered to be criminal, even when someone is responsible for hurting another person. In these situations, the case will be tried in civil court – the courts that are responsible for handling disputes between private parties. The Crown lawyer will not be a factor in these cases but rather, each side will hire a Waterloo personal injury lawyer to represent them. Skilled injury lawyers will be effective help for someone pursuing a claim against another’s negligence.
Our personal injury lawyers can meet with you in Waterloo for a free initial consultation. Call (416) 364-2000
Elements of a Personal Injury Case
Although wrongdoings of one individual can be tried in either criminal or civil court, this does not mean that every wrongdoing can be taken to court. This is because, in order for a personal injury case to be valid, there are certain elements that must be in place. These elements include:
- One person having a duty of care to another
- That duty of care being breached
- That breach causing injuries to another person
For instance, if a doctor is in a restaurant and a person starts to choke, if the doctor decides not to help that person, there are no grounds for a personal injury lawsuit in Waterloo. This is because while some may consider that the doctor has a moral obligation to the person choking, they do not have a legal obligation to them. This is because there is no existing doctor/patient relationship and so the doctor does not owe the person a duty of care.
Or, in another case, if a person is slightly bitten by another person’s dog, but does not sustain injuries, there is no valid personal injury claim. This is because, in order to file a lawsuit, the injured party must be just that – injured. If there are no injuries, there is nothing to compensate and so, there is no case. This does not mean that the injuries must be physical. Psychological injuries will also be taken into account by a judge, but injuries must be present. When individuals have been hurt by another person, it is important they speak to a personal injury lawyer in Waterloo to help them determine whether or not they have a valid claim.
Waterloo Personal Injury Lawyer Near Me (416) 364-2000
Statute of Limitations
In addition to the elements of proof, each province in Canada also has a statute of limitations on personal injury cases. This is the amount of time a person has to file a lawsuit. In Ontario, the statute of limitations on most personal injury cases is two years from the date of injury. However, there are some exceptions to this statute.
For instance, if the injured party was a minor at the time, they will have until two years after their 18th birthday to file a lawsuit on their own. But if the minor’s guardian chooses to file a lawsuit, the two-year statute will still apply.
Due to the elements of proof and the statute of limitations, it can be difficult for individuals to know whether or not they have a valid personal injury claim without the help of an accident lawyer in Waterloo’s help.
Click to contact our Personal Injury Lawyers near Waterloo today
Contacting a Waterloo Personal Injury Lawyer
If you or a loved one has been injured, and those injuries were due to the negligence or wrongdoing of another person, it is important that you speak to a Waterloo personal injury lawyer. They can help determine whether or not the case is valid and if so, can help you get fair compensation in court.
Call or text (416) 364-2000 or complete a Free Case Evaluation form
Related Blog Posts:
The Family Member’s Rights in a Personal Injury Case
A personal injury case often affects more than just the victim. The victim’s family may also suffer as a result of their loved one’s Family Law Act allows an accident victim’s spouse, children, or other relatives to seek damages against a negligent party for any “pecuniary loss resulting from” the victim’s injury (or death).It is...Ontario Bus Accident Victim Recovers Nothing Due to Statutory Deductible
When you are injured in a motor vehicle accident in Ontario, you cannot count on receiving the full amount of your damages in a personal injury lawsuit. The reason for this is that the Ontario government imposes a “statutory deductible” on non-pecuniary (pain and suffering) damages. This means that by law, a judge must reduce...