London Car Accident Lawyer - Personal Injury Compensation Claim - Canada

LAWYER HELPLINE: ☎ 855 804 7142

 

There are over 500,000 motor vehicle collisions in Canada every year which cause almost 250,000 people to be injured, over 20,000 of which are critical injuries of which about 3,000 are fatalities. There are about 8 deaths every day on Canadian roads and there is a serious injury every 2 minutes resulting in over 100,000 claims for compensation ever year in Canada. If you would like to talk to a London car accident lawyer without further obligation then just use the helpline or send the contact form or email our offices and a London car accident lawyer who deals exclusively in personal injury accident claims will speak to you with free advice and information on how best to preserve your legal rights to compensation for your injuries.

 

London Car Accident Lawyer - Negligence

 

If an individual sustains a physical or mental injury because of an accident, fall or other injury, he or she has the right to contact an attorney see if the incident that happened was simply an accident or if someone else was at fault. It is the attorney’s job in such cases to prove the presence of negligence.

Negligence has several components that must be satisfied before the attorney can file a legal claim against the person at fault to compensate the injured party for the losses they sustained during the accident. Basically, negligence involves doing an action or failing to do an action that ultimately causes another person to be injured or killed. The person’s behavior must be something that no reasonable person in the same circumstances would ever consider to do.

In order for the London car accident lawyer to prove negligence, he or she must be able to show that the offending party owed the injured party a “duty of care”. This means that the offending party must have had some responsibility to make sure that no harm to come to the injured party. For example, an airline company normally has a duty of care to make sure all its passengers arrive safely from their flights. In a similar way, a physician owes a duty of care to perform in such a way as to do no harm to his or her patients. We, as motorists, owe a duty of care to every other motorist on the road to drive in such a way as to avoid harm others.

In addition, the London car accident lawyer must show that a breach of duty existed regarding the incident. A breach of duty means that something in the behavior of the person, company or government agency fell below accepted standards and this lack of ability to meet standards caused the accident. There are many ways to determine the normal standard of care so such things must be carefully researched in order to demonstrate a breach of duty.

Lastly, the injured party in the accident or injury must have a documentable loss of something in their lives in order to show negligence and file a compensation claim. The injured party’s loss could be nothing more than their pain and suffering but becomes difficult to put a monetary value on that. Usually, though, losses such as the cost of repairing a damaged motor vehicle or medical costs can be documented as losses.

When the London car accident lawyer has determined that all criteria have been met and negligence did, in fact, occur, he or she can begin to assemble the components of a compensation claim against the offending party, who is also known as the defendant. The attorney must assemble the value of “special damages” and the value of “general damages”. The value of special damages is often easy to determine. Special damages are those that have a known monetary value attached to them, such as the cost of lost wages the injured party experienced.

General damages are more difficult to monetize but must be done so in order to be incorporated into a claim. The lawyer, for example, must determine the value of things like pain and suffering or the loss a person experiences when they can no longer do a hobby. These things are hard to put a money value to.

When a London car accident lawyer is able to combine these things, a good compensation claim includes the following items: the cost of medical expenses the victim incurred, the value of the victim’s pain and suffering, the cost of car repairs or car replacement, including costs for renting a car in the meantime. It includes the cost of lost wages that have occurred since the incident as well as an estimate of the wages the victim will lose in the future. It includes the cost value of not being able to advance in the victim’s own profession and disability costs, such as the costs of disability medical devices, nursing care in the home. Finally a monetary value is placed on the inability for the victim to do activities of daily living, hobbies or the loss of familial affection he or she may have experienced.

LAWYER HELPLINE: ☎ 855 804 7142