A personal injury case is when someone can be held legally liable in a civil claim for damages due to negligence. When the negligent acts of another person or entity cause an accident involving injuries, the injured victim can seek monetary damages in a personal injury case.
Personal injury claims in Hamilton, Ontario, and its surrounding areas can involve car accidents, truck accidents, slip and fall incidents, dog bites, and many other cases where negligence causes an injury. If you or a loved one were injured for any reason, it is important to meet with a personal injury lawyer to discuss your legal options. Choosing a knowledgeable lawyer can help clear up the complex legal process and get you on the way toward financial recovery.
The dedicated personal injury attorneys at Findlay Personal Injury Lawyers can help if you have been injured. We will review the facts of your claim, develop a case strategy, and pursue compensation for your losses. Contact our law office today at 905-522-9799 to schedule a free consultation today.
Elements of a Personal Injury Case in Ontario
What is a personal injury claim in Ontario? Most personal injury claims are negligence-based and boil down to the fact that someone else’s negligence caused damages to you, and you are entitled to compensation from the negligent party as a result. Negligence in Ontario is used to establish liability, analyze damages, and encourage responsibility when someone’s negligence leads to injury. The elements of negligence in a personal injury claim are:
- Duty: Most of us have duties to act in a certain manner to avoid danger to others. Duty can be based on laws, customs, or common sense in a given situation.
- Breach of duty. When a duty of care is not followed, a person breaches their duty, and damage can result.
- Causation. In a personal injury case, you will need to prove causation between a defendant’s breach of duty and your injuries. There must be a clear enough link for a jury to find liability is proper.
- Damages. Actual damages are a requirement in personal injury cases. Damages often include medical bills, lost income, out-of-pocket costs, future treatment costs, pain and suffering, and other losses.
Only when these four elements of negligence are proven can legal liability be established against the defendant.
What Steps Should I Take After a Personal Injury Accident?
If you were injured in any kind of accident, there are important steps you should take after the accident. Your next steps are important both for your health and future litigation in a personal injury case. In the event you need to prove the severity of your injuries and resulting damages, the steps you take after the accident can be critical.
These steps include:
- Getting prompt medical attention for your injuries: Even if you don’t think you were seriously injured, some symptoms might not show until later on. Medical help also creates a paper trail documenting your injuries.
- Collecting evidence. If you can, take photos or video of the accident scene and surrounding area. Get names and contact information for witnesses, and communicate with law enforcement if a police report is being prepared.
- Keeping records. Documentation such as pay stubs from before the accident, letters and medical records confirming your injuries, information about your ability to return to work, and other records can be useful later on – especially if the other side challenges your claims or the case goes to trial.
- Contacting a personal injury lawyer. Starting a personal injury claim on your own is not recommended. Your best option is to meet with an experienced personal injury lawyer who can review the facts, estimate your damages, and build a strategy to collect what you truly deserve.
The steps you take right after an accident can have a strong influence on the outcome of your personal injury case.
What Evidence Will My Lawyer Use in a Personal Injury Case?
Evidence in an Ontario personal injury case might include any of the following:
- Physical evidence
- Documentation, such as medical bills and reports
- Camera footage, photos, and video surveillance
- Witness testimony, including eyewitnesses and expert witnesses
- Police reports and testimony from law enforcement officers.
Your Hamilton, ON, personal injury lawyer will collect all relevant evidence for your case and know how to use it to advance your claim.
Damages in a Personal Injury Case
Damages will generally include economic damages and non-economic damages. Economic damages are the monetary expenses connected to your accident and injuries. Medical bills are the prime example, as are lost wages, costs of therapy and treatment, out-of-pocket costs, reduced future income, and other items that can be described in terms of dollar amounts.
Non-economic damages are the losses that aren’t as easy to put down on paper. These “intangible” costs can include emotional distress, pain and suffering, disability, depression, and other forms of trauma. In the event of a fatal accident, non-economic damages in a wrongful death claim can also include loss of companionship. An experienced personal injury lawyer will pursue non-economic damages as part of your personal injury claim.
How a Lawyer Can Help in Your Personal Injury Case
The advantage of hiring an experienced personal injury lawyer is that they will know what to do every step of the way. A lawyer will negotiate with insurance agents, file a lawsuit, take your case to trial, and fight for your claim at every turn. A personal injury attorney will gather evidence, know how to present it and fight for the true worth of your personal injury claim.
How Much Does it Cost to Hire a Personal Injury Lawyer?
Most personal injury lawyers in Ontario work on a contingent fee basis. In a contingency arrangement, you only pay attorney’s fees if you win your case. There are no upfront costs.
Costs associated with your case would be advanced by the law firm instead of you. The bottom line is that you shouldn’t let fear of legal fees keep you from talking to a personal injury lawyer about your case.
Schedule a Free Consultation with Our Hamilton, Ontario Personal Injury Lawyers
If you or a loved one experienced injuries in an accident, you could be entitled to compensation from the negligent party. Please contact our experienced Ontario personal injury lawyers at Findlay Personal Injury Lawyers to schedule your free consultation. Call us today at 905-522-9799