Even though it may seem like there are a lot of causes for personal injury claims in the city of Milton, and in reality – there really are, it is important to set them aside from insurance claims which are something completely different. There are three important legal premises which are set forth in the Common Law of the country of Canada and as such are enforceable on its territory and in every state, despite of the provincial laws. In order for a case to be considered as a personal injury material the incident must include negligent behavior, damages and a causality link.
Obviously the most important thing of them all, are the damages because they would be subjected to compensation. Ergo, if there are no damages the claim won’t have merit because there won’t be anything to seek compensation for. However, the damages discussed can be either physical, emotional or both. Even though the law differentiates them as pecuniary and non-pecuniary, in reality the general differentiation is based upon the fact whether or not there are visually comprehended by third parties. Physical damages are going to leave a mark on the tissue of the person which can be perceived by other people, whereas emotional damages are impossible to be seen and they are assessed in each case discretionally by the court. This suggests that the assessment of physical damages is based upon selected documents which serve as proof and the assessment of emotional trauma is based upon the discretion of the court.
Going further, the second legal premise which serves as grounds for filing compensatory claim is called negligent behavior. As per the current Canadian legislation, enforceable in the city of Milton, negligent behavior is this which is breaching some particular legal provisions, most commonly the duty of care, and it is not constituted as criminal. The negligent behavior is also incredibly important because without it you are going to be in front of a simple insurance claim where the Rules of Fault Determination would take over and the compensation will be distributed as per them.
The third thing that is required by the Common Law of Canada is the so called causality link. This implies that the negligent behavior is the only and direct cause of the damages and without it the latter could not have occurred. Failing to prove this may lead to some serious procedural complications and possible dismissal of the case. This is why it is incredibly important to be well aware of the factual and circumstantial situation and environment surrounding the case in order to prevent any further surprises. These three legal premises formulate the core of a personal injury claim and losing or failing to prove each one of them is likely to get your case dismissed.