The list of circumstances that could cause a personal injury is virtually endless, but there are only a few ways you can seek financial recovery for accident-related damages. If you can prove that your injuries meet the severity threshold, you may be able to file a tort claim to recover any damages which are not covered under your accident insurance.
Fortunately, help is available from an Orillia personal injury lawyer for anyone who wants to pursue civil litigation against a negligent third party in Ontario. By working with a skilled personal injury lawyer who has years of legal experience and expertise, you could greatly increase your odds of obtaining compensation for your losses.
Negligence is the basic legal principle that most personal injury claims in our area are based on. Proving someone else’s negligence requires you to demonstrate that they owed you a duty of care, violated that duty in some way, and directly caused an accident that resulted in your injuries.
The specific duty of care that one person owes another varies depending on the circumstances. For instance, drivers, pedestrians, bicyclists, and motorcyclists traveling on public roads owe everyone else a duty to drive, ride, or walk safely and in accordance with local traffic laws. The owner of a retail store, on the other hand, may owe a different level of care to guests who visit their premises for commerce.
In the event that an injury takes place on public property or as a result of unsafe public road conditions, it may be possible to hold a government entity liable for your damages. Municipal, county, and provincial bodies that are responsible for maintaining public safety could be required to reimburse your damages in a successful civil claim. However, it’s important to note that claims made against government entities have notice requirements. Depending on your situation, you may have as little as 10 days to put the proper government body on notice of your intent to sue.
Proving all the elements of legal negligence is essential to recovering compensation through a tort claim. Guidance from a local lawyer could be crucial to efficiently gathering evidence and using it to prove liability in a personal injury lawsuit.
Statutory Accident Benefits Schedule (SABS) insurance policies usually compensate economic losses like medical bills and lost wages resulting from an accident. For instance, you may be able to recover any non-economic damages which are not covered under your SABS policy – like pain and suffering and loss of enjoyment of life – in a successful civil claim.
However, the Negligence Act allows civil courts to proportionately reduce a plaintiff’s damage award if they are found partially liable for their own injuries, so it’s important to get help from legal counsel if the opposing party in your case makes any allegations of contributory negligence.
Furthermore, there are caps on the amount of compensation you can recover in a local tort claim. When it was first instituted in the 1970s, this cap was set at $100,000, but it has since risen with inflation to almost $400,000.
Finally, the Limitations Act sets a filing deadline of two years on most personal injury cases in Orillia, meaning that any accident victim who waits more than two years after discovering their injuries to file suit may be barred from recovering any compensation. However, there are exceptions to this rule for certain types of cases that one of our elite trial lawyers could explain in more detail.
Personal injury cases often seem a lot more straightforward than they really are. Even if liability for an accident seems obvious, proving civil liability in court can be challenging, especially without legal representation.
With dedicated and compassionate legal assistance, you could effectively pursue the compensation you deserve after suffering injuries due to another party’s negligence. To learn more about your legal options after an accident, get in touch with an Orillia personal injury lawyer from Rastin Law today.