Personal injury law in Canada is a type of tort law that can compensate individuals if they have been injured due to the negligence of another person, organization, or government entity. Tort law simply refers to civil law, differentiating it from criminal law.
Compensation in injury law provides financial relief to injured parties for their injuries, whether physical or emotional. Provided there is an injury, compensation may also be provided for pain and suffering.
Personal injury claims often are settled before the case ever goes to trial, but if they do, the case will be heard in civil court. Individuals wishing to file a personal injury claim should hire a Windsor personal injury lawyer to represent them. Experienced accident lawyers can help their clients pursue the compensation they deserve.
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Negligence in Personal Injury Claims
In a legal sense, negligence refers to the responsibility every individual has to act reasonably and responsibly so they avoid putting others at risk. In order to establish that a person was negligent, it must be shown that another reasonable person would have acted in a different way in the same situation.
In some cases, people may be negligent, but that negligence may not hurt other individuals. For instance, texting while driving is illegal in Windsor, but some people may still be on their phones while driving. In the luckiest of cases, they will arrive at their destination safely and without hurting others. So, while they were negligent, a personal injury case cannot be filed because no one was injured due to that negligence.
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What Are Common Types of Injury Cases?
In Windsor, as throughout the rest of Canada, motor vehicle crashes are the most common type of personal injury case. However, there are other types of cases that fall closely behind those types of accidents, including:
- Premises liability claims. These types of cases involve an individual getting hurt on another person’s property. That property can be public property such as parks, business property such as retail stores, or private property such as an individual’s home
- Cycling accidents. Often involving a motor vehicle, cycling accidents are not just common types of personal injury claims, they can also be some of the most dangerous
- Boating accidents. With the bodies of water so close, it is not uncommon for individuals to get out and enjoy the waterways. It is also not uncommon for boating accidents to occur when they do
- Product liability claims. Product liability claims are when an individual has been injured by a product they have purchased. These can include any type of product from children’s toys to automotive parts
When an individual is injured due to another person’s negligence, whether or not it falls into one of the categories above, they should speak to a personal injury lawyer in Windsor to help them with their claim.
Damages through the form of compensation are available to individuals that have been injured due to someone else’s negligence. While many Canadians know that damages differ greatly in Canadian lawsuits than what they sometimes see and hear about in the United States, many are surprised to learn they can still receive significant amounts of compensation.
Damages are typically divided into two categories – pecuniary damages and punitive damages. Pecuniary damages are also called economic damages because these are the damages that can have an exact financial amount placed onto them. For instance, repairs that need to be made to a car after a car accident and/or medical expenses are both types of economic damages. In Canada, there is no cap on pecuniary damages, allowing injured parties to get fully compensated for these damages.
Punitive damages, on the other hand, are intended to punish the negligent individual and are awarded only in egregious situations. In Canada, there are certain caps placed on punitive damages but different types of damages for Windsor personal injury cases have different caps placed on them.
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Contacting a Windsor Personal Injury Lawyer
It is vital for individuals filing a personal injury claim to contact a Windsor personal injury lawyer to help them get the full amount of compensation they may be entitled to.
If you or a loved one have been injured due to another person’s negligence, a Windsor injury lawyer can help you file your claim. These injury lawyers in Windsor are experienced in personal injury law and can expedite the process and better ensure a positive outcome for injured individuals.