If you were injured in an accident in Canada, you may be eligible for monetary compensation for the losses that you have suffered. There are many factors that affect how much compensation you may receive for these losses, such as the severity of your injury and whether you sought medical care.
An experienced Windsor personal injury lawyer from our firm is prepared to assess your situation and give you a better idea about the potential value of your claim.
Seeking Compensation for a Personal Injury
Under Canadian law, you may seek compensation for losses stemming from a personal injury in two ways: You can file a claim with the insurance company that covers the person who injured you and try to receive a settlement, or you can file a lawsuit against the negligent party. Most personal injury lawyers will first attempt to resolve the claim via a settlement before suing the at-fault party.
If you file a claim with the insurance company, the at-fault party is not involved in the negotiations but will be represented by the insurance company. The insurer will then conduct an investigation into the accident to determine its cause, liability and the extent of your losses.
A demand letter will need to be prepared that lays out how the insured person was at fault for the accident and summarizes your losses. Our lawyers are prepared to help with this process and negotiate a fair settlement for you.
If attempts to settle a claim are unsuccessful, you could file a lawsuit against the at-fault party for compensation through a court of law. Certain legal paperwork must be filed that provides details about the accident and the compensation you are seeking. The other party has a limited amount of time to respond to this filing and raise defenses. You and the other party will have opportunities to settle the case before it goes to trial, such as through mediation.
If necessary, our lawyers are prepared to represent your best interests at trial. A jury will determine if the at-fault party is liable for your losses and to what extent.
What Must Be Proven to Obtain Compensation
In order to seek compensation for your injury, you must show that the other party was negligent. He or she owed you a duty to act responsibly to prevent harm but acted in a careless manner that directly caused your injury and resulted in you suffering damages.
Should the other party be found liable for the accident, you may be able to receive compensation for your losses. If you were partially to blame, the amount awarded will be reduced by your percentage of fault. This is in accordance with Canada’s comparative fault law.
For example, if you suffered damages of $100,000 and are found 25 percent at fault for the accident, the court will reduce your damages by 25 percent, so the other party may only be responsible for $75,000.
Losses You May Be Able to Receive
You may be able to recover compensation for a variety of the losses you suffered. This could include economic losses you incurred, also known as “special damages,” such as:
- Medical bills
- Lost wages
- Property damage
- Lost earning capacity
- Loss of support
- Disability modifications to your home
Additionally, you may also be able to recover compensation for the emotional and mental effects of the accident, which are referred to as “general damages.” These damages cover losses, such as:
- Physical pain
- Mental suffering
- Loss of companionship
- Diminished quality of life
Canadian law caps general damages, but there is no cap on special damages.
Reach Out to Our Firm For More Information
To learn more about your legal options, do not hesitate to reach out to our firm. Let us discuss your claim during a free, no-obligation consultation. There are no upfront fees and if you decide to hire us, we are prepared to work diligently to try to secure maximum compensation for your injury.
Contact us today to schedule your free case evaluation. (866) 320-4770.