Cases of personal injury are a painful experience for the injured and their family. Already suffering physical or psychological damage, they also have to endure the intricate process of the legal mechanism so that they can recover the compensation to which they are entitled. That is where a personal injury lawyer comes in to advise them what to do and do it for them.
In Canada, you can sue a person, organization, or institution if a human was injured as a result of negligence or wrongdoing. Certain legal requirements must be met before the case can prevail.
Can You Sue for Personal Injury in Canada?
Yes, victims can sue for personal injury, according to Canadian law. Two things will be decided by the court during the trial:
- Is the defendant negligent in the causation of harm to the plaintiff?
- How much is he entitled to?
For the plaintiff to have a good case, he must have some things established, as indicated below.
Elements of a Personal Injury Case
For the plaintiff to succeed in a claim for personal injury, four things must be established:
Duty of Care
The defendant should have had a duty of care towards the plaintiff. Examples include:
- A physician providing adequate medical care to a patient.
- A driver following traffic rules in a bid to reduce accidents.
- An employer who assures workers are provided with adequate working conditions.
Breach of Duty of Care
The plaintiff should establish that the defendant breached their duty of care. The breach may be in negligence, recklessness, or wilful disregard of the law. An example is a drunk or speeding driver who has breached their duty of care.
Causation
The plaintiff should be able to demonstrate that the defendant directly caused their injury. The court frequently uses the “but for” test to evaluate this issue. That is, the harm would not have occurred but for the defendant’s fault.
Damage
Last but not least, the plaintiff should indicate that they did incur actual damages resulting from the actions of the defendant. It might be some bodily harm, mental anguish, or economic damage.
Each of Canada’s territories and provinces has a piece of legislation that provides a limitation period during which an individual has to lodge a claim for personal injury. Two years is the limitation period in the majority of provinces, from the date of the accident or from the date when the injury became apparent. There are shorter or longer time frames in some provinces, so it is highly important to have a lawyer for personal injury immediately following a car collision.
Largest Personal Injury Settlements in Canadian History
Most personal injury judgments go unpublished, yet some have found their way into the media because of their significance in law. One of the biggest personal injury settlements in Canada is:
MacNeil (Litigation Guardian of) v. Bryan et al.: $18.4 Million
Katherine-Paige MacNeil, in 2009, was adjudicated by the Ontario Superior Court to be paid $18.4 million in damages. She was awarded $15 million for future care because she would need to be taken care of 16 hours a day for the rest of her life. She was also paid compensation for lost future earnings since she would not be able to work.
MacNeil was a 15-year-old passenger in Trevor Bryan’s car, driven by 16-year-old Trevor Bryan. Bryan had run a stop sign and had an accident that resulted in MacNeil’s fractured skull and permanent brain damage. As she was the sole person in the car wearing a seatbelt, she was not at fault.
This case set an important judicial precedent, finding that future expenses, as well as past and ongoing expenditures, could be added to personal injury awards.
How Much Does a Personal Injury Case Cost to Win in Canada?
There is no average Canadian personal injury award. Each case is unique and the courts have much to take into account when awarding damages.
Factors That Determine Amounts of Compensation
While awarding damages in the case of personal injury, the courts will generally inquire into:
- Degree of Injuries Suffered – The quantum of medical expenses and rehabilitation charges will be based on the severity of the injury.
- Nature of Injuries – Whether injuries are severe or will impact the lifestyle will be considered by the court while deciding non-economic damages.
- Impact on the Victim’s Life – Payment may include future medical expenses, lost wages, and reduced lifestyle.
Conclusion: Why You Need a Personal Injury Lawyer
If you or your relative got hurt due to someone’s negligence, then employing the services of a personal injury lawyer is the most important thing. They will guide you through the process of law, gather proof, and ensure that you get compensated. As there are time limits for filing a personal injury, it is important to employ the services of an attorney as soon as possible.
