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.

Legal Repercussions of Slip and Fall Injuries

The city of Kitchener is located within the boundaries of the state of Ontario in Canada. This automatically suggests that the Provincial laws of Ontario are going to take preference over the governmental statutes set forth in the country of Canada. However, the important thing to know is that the variations are incredibly slight and they are unlikely to change a ruling. However, there are certain things that are different and personal injury lawyers should be careful not to get them confused.

One of the most common causes for a personal injury case is a slip and fall accident. There are a lot of interesting things in regard to the legal matter of the case. On first sight a slip and fall accident may seem like nothing that is concerned by the law because it apparently shows negligence on behalf of the injured because he didn’t watch his steps. However, there is general legal principle which lies within the provisions of the Common Law in Canada, which clearly stipulates that every owner or occupier, who is a tenant for the most parts, is legally required to take all the necessary precautions to ensure that his property does not cause harm to any third parties or other buildings. This is a fair solution but it has nothing to do with personal injury law.

This is where the more particular and precise Occupiers’ Liability Act comes into place. The regulations set forth in this particular law are fully enforceable in the state of Ontario and therefore in the city of Kitchener. The Occupiers’ Liability Act provides regulations which supersede the general duty of care which are derivative from the legal principle set forth in the Common Law. The behavior that the owner and respectively the occupiers owe pursuant to this act is more strict and wide. They must ensure that upon entering the establishment the clients are not going to get hurt. The same is in full force for the event in which they are leaving. As you can see the responsibilities and the duty of care are both wider and demand a particular behavior – the ensuring of precautions.

This is why if someone slips and falls in a commercial establishment, for instance, and there is no sign that alerts the customers of the possible dangers, the owner or the occupier are going to be fully liable for the damages that the injured party had to incur. It is important to note that loved ones of the injured can also file claims on behalf of him without having to be explicitly and particularly authorized to do so. This provision derives from the Family Act which allows family members to claim particular damages exclusively without authorization or power of attorney. It is best to talk with a legal firm to get an accurate evaluation on your case.