If you were injured due to another party’s negligence in Hamilton, ON, you may incur substantial financial losses, including lost wages and medical expenses. The party who caused your injury could be liable for these damages. They could also be financially accountable for your pain and suffering.
However, proving that someone is legally responsible for your damages can be challenging. For that reason, it is wise to seek legal advice and guidance from an experienced negligence lawyer in Hamilton, Ontario.
Our Hamilton personal injury lawyers at Findlay Personal Injury Lawyers are fierce advocates for our clients. We have over 92 years of combined experience representing injured victims and their families. Since 1981, we have fought to recover life-changing settlements and verdicts for victims of negligence in Ontario.
At Findlay Personal Injury Lawyers, our lawyers work for a contingency fee. We do not require you to pay our legal fees before we recover money for your claim. Instead, we get paid after we win your case.
How Our Hamilton Personal Injury Lawyers Can Help You With a Negligence Case
Most personal injury cases are based on negligence. Ontario personal injury laws provide a cause of action for you to recover compensation if you’ve been harmed due to someone else’s actions. Having a knowledgeable Hamilton personal injury lawyer on your side is the best way to protect your right to receive a fair settlement from the party who caused your injuries.
Our top-rated lawyers are seasoned trial lawyers willing to take cases to court when necessary. We are also skilled negotiators with extensive experience negotiating fair settlements for our clients. If a negligent party causes your injury, let us help you get the money you deserve.
When you hire our legal team at Findlay Personal Injury Lawyers, you can expect us to:
- Evaluate your case and explain your legal options for seeking compensation
- Investigate the cause of your injury to gather evidence, including working with leading expert witnesses as necessary
- Work with you and your doctors to document the extent of your injuries and damages
- Determine how much your case is worth and aggressively negotiate for that amount
- File a lawsuit and take your case to trial if the other party or insurance company refuses to negotiate a fair settlement amount
Your ability to recover compensation for your damages could depend on your lawyer’s ability to prove the legal elements of negligence. Therefore, choose a Hamilton personal injury law firm with an exceptional track record and substantial experience handling negligence claims. Findlay Personal Injury Lawyers is that firm.
Call now to schedule a free case evaluation with an experienced personal injury lawyer in Hamilton, Ontario. We are here to help you when you need a trusted legal advocate after an injury or accident.
Our Hamilton Personal Injury Lawyers Handle All Types of Negligence Claims
Negligence is one of the most common reasons for filing a personal injury case.
Examples of negligence claims include, but are not limited to:
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Boating accidents
- Wrongful death
- Truck accidents
- Dog bite injuries
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
If another party is responsible for your injuries, contact our Hamilton negligence lawyers to discuss your case.
How Do I Prove That Someone Negligently Caused My Injuries?
Negligence is failing to exercise reasonable care. The standard of care is based on what a reasonably prudent person would do given the same or similar circumstances. However, it is not sufficient to merely claim that someone was reckless or careless to prove liability in a personal injury case.
Instead, the injured victim must prove the legal elements of a negligence claim. Those elements are:
Duty of Care
A duty of care is the obligation to act in a certain way that does not put someone at risk of harm or injury. For example, drivers have a duty to follow traffic laws and use reasonable care when operating their automobiles. A doctor has a duty of care to their patients to provide treatment that meets or exceeds the acceptable medical standard of care.
Breach of Duty
A breach of duty is the failure to satisfy the duty of care. In other words, a party acted in a way that was unreasonable given the situation.
For example, a driver races through an intersection to beat a traffic light and crashes into a car that had the right of way. Another example might be a person texting while driving or driving while intoxicated.
The party’s actions must be the direct and proximate cause of the victim’s injuries. The victim must prove that they would not have been injured had it not been for the other party’s actions. The injuries must have been a natural and foreseeable consequence of the party’s conduct.
A party can be negligent but not cause someone’s injury. If you cannot link the party’s negligence directly to the cause of your injury, they might not be liable for your damages.
The negligence must result in harm to the victim. Damages include physical bodily injuries, emotional harm, and financial losses. It is crucial that you prove you suffered damages because of the party’s conduct. Evidence that helps prove damages includes medical records, photographs of your injuries, opinions from medical experts, employment records, and your testimony.
What Evidence Can I Use to Prove Negligence in a Personal Injury Claim?
Our legal team will thoroughly investigate your case to gather evidence proving causation, fault, and liability.
The types of evidence we use in personal injury cases include but are not limited to:
- Accident reports
- Medical records
- Statements by the parties involved in the case
- Physical evidence from an accident scene
- Eyewitness testimony
- Videos and photographs of the accident
- Opinions of expert witnesses
- Data recovered from vehicle systems
The strength of your evidence is a factor that impacts how much your case is worth. We’ll use our considerable resources and skills to build a strong case against the other party for the maximum value of damages.
What Damages Can I Receive in a Negligence Claim in Hamilton, Ontario?
Damages are the remedy the court provides when another party causes you harm. The court cannot undo your physical or emotional harm. Still, it can hold the party who caused your injury financially liable for monetary losses, psychological harm, and physical injuries.
The law provides for compensatory damages if you prove negligence in a personal injury case. These damages include non-pecuniary damages (i.e., pain and suffering) and pecuniary damages (i.e., financial losses).
Examples of damages in a negligence claim include, but are not limited to:
- Medical bills and expenses
- Impairments and disabilities
- Lost wages and benefits
- Emotional distress and mental anguish
- Reduction in earning capacity
- Physical pain and discomfort
- Out-of-pocket expenses
- Scarring and disfigurement
- Diminished quality of life and loss of enjoyment of life
- Rehabilitative therapies
The facts of your case determine how much your negligence claim is worth. Factors that impact the value of damages include your injuries, recovery period, permanent impairments, the parties involved in the case, and many other circumstances. Our Hamilton negligence lawyers will carefully analyze each factor in your case to maximize the amount of money you receive for your claim.
Can I Recover Compensation in a Negligence Claim if I’m Partially to Blame for Causing My Injuries?
The insurance company might tell you that you cannot receive any money for your damages because you are partially to blame for causing your injuries. That is not true. Ontario’s negligence laws do not bar you from recovering compensation if you share some of the fault for causing your injuries.
Instead, Ontario’s contributory negligence laws state that the court should apportion damages based on the parties’ fault. In other words, your awarded compensation is based on your percentage of fault.
For example, suppose you are awarded $1 million for damages. However, you are judged to be 50% at fault for causing the accident that resulted in your injuries. Therefore, instead of receiving the total amount awarded for damages, you would receive $500,000 or 50% of your award.
What Is the Deadline To File a Negligence Claim in Hamilton, Ontario?
Ontario’s Limitations Act sets deadlines (limitation periods) for filing lawsuits based on negligence. Most personal injury claims have a two-year filing deadline. The court can dismiss your case if you file it after the statute of limitations expires.
However, exceptions could change the filing deadline for your case. Therefore, you should never assume you have two years to file a personal injury lawsuit. Instead, seeking prompt legal advice is the best way to protect your legal rights.
Schedule a Free Consultation With Our Hamilton Negligence Lawyers
Negligence cases are complex. You have the burden of proving the legal elements to hold the party legally liable for your damages. Call Findlay Personal Injury Lawyers to request a free case review with an experienced Hamilton negligence lawyer.
Our personal injury law firm in Hamilton, ON also handles:
- Hamilton Bicycle Accident Lawyer
- Brain Injury Lawyers in Hamilton, ON
- Hamilton Car Accident Lawyer
- Hamilton Catastrophic Injury Lawyer
- Hamilton Construction Accident Lawyer
- Hamilton Dog Bite Lawyers
- Hamilton Long-Term Disability Lawyers
- Hamilton Motorcycle Accident Lawyers
- Hamilton Negligence Lawyer
- Pedestrian Accident Lawyers in Hamilton, ON
- Personal Injury Attorneys in Hamilton, ON
- Spinal Cord Injury Lawyers in Hamilton, ON
- Hamilton Truck Accident Attorneys
- Hamilton Workers Compensation Lawyers
- Wrongful Death Lawyer in Hamilton, ON