Personal injury as a legal term, also called tort law, is any kind of distress or harm a someone suffers as a result of physical, emotional, or psychological damage caused by another person’s deliberate or negligent act. Injuries might be a result of slip and falls, mistakes made by doctors, or car accidents.
Personal injuries take the live of more than 13,000 lives in Canada every single year and lead to almost 20 million dollars in medical costs and litigation fees. This means it’s important that victims be able to work with a personal injury lawyer to settle an amount to cover their damages.
Read on to see six of the most common personal injury claims.
1. Motor Vehicle Collisions (MVC)
An MVC is the most common kind of personal injury. Any accident that involves a motor vehicle with another car, bus, motorcycle, or truck or a pedestrian is considered a motor vehicle collision. In most cases, collisions happen because someone isn’t driving as carefully as he or she should be, and someone gets hurt. Legal liability in an MVC can be hard to determine since it depends on provincial violations, police records, and common law violations. A personal injury lawyer can help you figure out your rights and help you negotiate the settlement you deserve.
2. Occupational Injuries
Any accident that occurs at work or while in the course of a person’s duties are considered occupational injuries. In many cases it’s the direct or vicarious negligence of the business owner or employer that causes the injury. These may be the result of the failure to comply with official workplace safety codes. The compensation for these types of claims depends on how much the victim contributed to the situation that caused the injury, and the severity of his or her injuries.
3. Negligence and Public Liability
One of the most common personal injury claim types is negligence and public liability. These usually happen in public areas and liability falls onto corporate or public organizations. One example might include a slip and fall in a store where a puddle goes unmarked with a warning sign. Another example could be if when a corporation fails to comply with Ontario’s construction codes, leading to an injury by someone who uses the property.
The definition of assault is when one person, without consent, intentionally applies force directly or indirectly to another person. It can also include the threat of harm. Stalking and domestic violence are two common examples of assaults that might be pursued via tort law. Any assault should be immediately reported to the police; internal tort cases like these almost always include a criminal case against the perpetrator in addition to the civil case. Once police have charged the assailant, an experienced personal injury lawyer can help you proceed through the court system and seek damages from the person responsible.
5. Medical Negligence
Medical negligence or malpractice takes place when a healthcare professional responsible for a person’s well-being or injuries fails to provide the standard of care. Common examples of medical negligence would be a medical professional who fails to provide necessary first aid or someone who uses expired or incorrect drugs. Medical malpractice cases are among the most complex, and only experienced personal injury lawyers should take on these cases.
6. Dog Bites
In the case of most dog bites, the owners are financially responsible for any injuries caused by the dog. The provincial laws surrounding dog bite liability will dictate if the owner is liable even if the dog’s never shown any aggression in the past, or if the owner will be held not liable in that case.