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.