Insights on what constitutes a personal injury, with reference to Canadian personal injury law and general legal principles. Always take advice from a reliable local lawyer in your jurisdiction.
A personal injury occurs when a person’s body, mind, or emotions are damaged due to the negligence or intentional actions of another party. It is not limited to physical injuries but encompasses a wide range of harms, including emotional distress and damage to one’s reputation. These can occur in various contexts, such as in a car accident, the workplace, or a slip and fall on a sidewalk.
Under the law, a personal injury is distinct from a bodily injury. The latter encompasses all wounds, bruises and damage the human body may suffer for whatever reason. With a personal injury, the damage was caused by another party, and, under Canadian law, the injured person is entitled to seek compensation for their suffering and recovery.
If you launch a claim for personal injury, there is a good chance it will never go to civil court. Most personal injury cases are settled through mediation or arbitration between the parties, though Gluckstein Lawyers is prepared to go to court on your behalf if needed.
Types of Personal Injury Cases.
Personal injury claims are part of Canada’s tort law, which focuses on the harm done and losses suffered due to the negligence or intentional conduct of another person or entity. There are various types of personal injuries that you can claim compensation for, including:
- Auto accidents: Whether you are a driver or passenger involved in a single or multi-vehicle crash or a pedestrian or cyclist who has been struck, the force of the impact can cause injury, disability or death.
- Medical malpractice: We trust medical practitioners with our health and the lives of our loved ones. When they breach the expected standard of care and cause injury or death due to negligence, that trust is broken, and those responsible should be held accountable.
- Birth injuries: While most children are born healthy, a small number suffer injury at or near the time of birth. These traumatic birth events are devastating for every parent, who will want to know why their baby was injured and whether the injury could and should have been prevented. Birth injuries is an area of law that Gluckstein Lawyers specialize in.
- Long-term disability: If your injury prevents you from working, you can apply for long-term disability benefits, provided you have the necessary insurance. These benefits are often denied by an insurer or granted and then terminated before you can return to work. You have the legal right to challenge the insurer’s decision, with your chance of success increasing if you consult a personal injury lawyer first.
- Sexual abuse: Sexual abuse can arise anywhere, including a school or home environment. Survivors suffer deep emotional damage at the hands of their abusers, and they may feel they have no one to turn to. The sexual abuse team at Gluckstein Lawyers is here to help those people obtain accountability and the compensation they deserve to get their lives back on track.
- Slip and falls: Slip and falls are often associated with icy tumbles on improperly cleared sidewalks, but that is only one cause of this type of injury. Broken stairways, missing handrails, poorly lit passageways, uneven surfaces and spills that are not cleaned up promptly, leading to slippery conditions can all result in serious slip and fall injuries.
- Pediatric injuries: The effects of severe childhood injuries can last a lifetime and can result in lifelong need for ongoing treatments, as well as affecting one’s future income earning potential and opportunity to start a family. Common causes of pediatric injuries are motor vehicle accidents, inadequate playground maintenance, burns, and infections.
- Product liability: When you purchase a product, you assume it is safe to use and will not cause harm. But that is not always the case. If a product has injured you or your loved ones, you may be able to file a claim for compensation and damages.
- Public transportation accidents: Ontario law defines public transit vehicles as those that provide transportation to members of the public on behalf of a municipality, and they must charge a fee for that service. If you are hurt on a vehicle that collides with an object, has a mechanical failure or suddenly stops or derails, causing passengers to be injured, you are entitled to file a tort claim for damages.
Proving Liability Is Key.
To succeed in a personal injury case, you must be able to prove another person or entity caused your injury. That could have been through:
- an intentional act, such as a sexual assault;
- the failure to perform a duty that put you at risk, such as not clearing and de-icing the sidewalk or roadway;
- breach of standard of care or any industrial standards;
- or any form of negligence or carelessness.
There are various types of liability. They include:
- Strict liability. The injured party is not required to prove there was intent or negligence, but instead only that the liable party engaged in conduct that caused the injury.
- Vicarious liability. The injured party holds the other party liable for the acts or negligence of another person (third party) whom the liable party is responsible for (for example, an employee).
- Negligence: The injured party must prove that the liable party has a certain duty to do something which led to the injury or that they failed to exercise the degree of care expected of them.
Contact Gluckstein Lawyers If You Have Been Injured.
In Ontario, you typically have two years to file a lawsuit for a personal injury claim after you have become aware of the damage a personal injury caused. If you are suffering, it is best not to assume that you will feel better in the future. Our experienced personal injury lawyers will ensure that the proper steps are taken to verify your injury and seek the compensation you deserve.
Legal fees and expenses will only be paid if there is a successful resolution of your case. If compensation cannot be obtained for you, you will not be charged. Contact us for a free consultation with one of our Ontario personal injury lawyers.
