Are personal injury claims different from insurance claims?

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.

Does Civil Misconduct Come Under Tort Law?

Personal injury law derives from a larger institute of the law which is commonly referred to as tort law. However, tort law refers to every single case of civil misconduct and in order to narrow it down, the personal injury law only relates to causes which involve negligent behavior. Such causes include motor vehicle accidents, slip and fall, motorcycle and pedestrian accidents, public transit accidents, dog bites as well as product liability. Some of the most common injuries caused by incidents of this particular regard include traumatic brain and spinal cord injuries as well as a variety of different orthopedic injuries.

The injuries can be both emotional and physical and the law of the province of Ontario, located in Canada, likes to categorize the injuries in two particular, main kinds. The first one is commonly referred to as pecuniary damages which are also known as special damages. Now, the most important factor that should accounted for is that the amount of these damages that is due compensation is solely based upon documentation. Prove of the amount of pecuniary damages may include medical bills, apothecary receipts, contracts with rehabilitation facilities and many more.

However, pecuniary damages are special in a way because they envelop a part of the incurred damages which are not actually suffered as a direct result of the injury. This refers to a stipulation in the Family Act of Canada which empowers family members to file compensatory claims on personal behalf of the injured without having to be specifically authorized to do so. However, the damages which are most commonly claimed are based on the loss of income. It is difficult to seek treatment and pay medical bills without a source of income.

Basically, whenever someone suffers from a serious accident and he is unable to recover quickly enough, his salary and respective monthly and yearly income is going to be reduced. The employer has the full right to do so because his labor contract clearly states other working conditions and requirements which the injured person cannot fulfill. This results in a loss of income for the whole household. However, it is very important to take into consideration the money which has already been paid by the insurance companies and other social structures. Make sure that you are not claiming anything in excess because you are not entitled to it.

One of the general principles of the Canadian Common Law states that no one is entitled to more than he has actually lost and receiving it would be subject to appeals and eventual return. This will only increase your legal charges and expenses and will make your case harder. That’s why it’s important to account for these things prior to filing your claims. Make sure to run these things by the personal injury lawyer that you have set your sight on in the town of Lindsay.