Sudbury Car Accident Lawyer - Personal Injury Compensation Claim

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 Sudbury car accident lawyer without further obligation then just use the helpline or send the contact form or email our offices and a Sudbury 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.

 

Sudbury Car Accident Lawyer - Negligence

 

Personal injury lawyers deal with the concept of negligence every day. Whether it be an injury due to an industrial accident, a work-related accident, a mass transit accident, a slip and fall or a car accident, the idea of negligence is an important one to consider. The personal injury attorney must, in fact, be able to show negligence in any injury or death situation in which it is believed that another party was the cause of the accident.

Simply defined, a party is considered to be negligent if the party behaved or acted in such a way as to cause an accident and the action was one that no reasonable person would do in the same circumstances. The Sudbury car accident lawyer must recognize what a reasonable person would ordinarily do and show that the party diverged from that.

There is more to negligence than that, however. The personal injury lawyer must be able to show that a duty of care existed between the party that caused the injury and the victim(s). A duty of care exists between a physician and his or her patient because the physician is responsible for the health and welfare of the patient. Likewise, a duty of care exists between all motorists on the road, who must drive in a satisfactory manner such that they cause no injury or accident to another motorist or pedestrian.

Furthermore, the Sudbury car accident lawyer must show that something about the behavior of the injuring party fell below acceptable standards. This is also called having a “breach of the duty of care”. In the case of a physician and patient, the lawyer must show that the physician breached the duty of care by behaving in a substandard way.

In order to be able to make a claim for damages resulting from the injury, the injured party’s lawyer must show that the injured party sustained some type of loss as a result of the incident. Losses can be subtle, such as those related to pain and suffering. Losses also can be obviously monetary, such as the cost of medical and hospital care related to the incident.

If losses and negligence related to those losses can be established, the personal injury lawyer can compile the components of the injury claim. The different parts of the injury claim include various special damages, general damages and punitive damages.

The special damages are quite simple to total. They include damages that already have an intrinsic monetary value attached to them. Special damages might include the cost to repair a damaged vehicle, medical costs and the losses related to lost wages and future lost wages the injured party would have to pay on their own if the claim did not settle in their favor.

General damages are not as easy to determine when it comes to monetary cost. These are things that have varying value depending on the circumstances. There can be general damages related to pain and suffering, loss of ability to participate in one’s favorite hobby and the loss of ability to engage in activities of daily living.

Punitive damages are only asked for in cases where the injuring party’s behavior was particularly malicious or egregious. These damages are a way to punish the injuring party for behavior that was particularly bad.

When the claim is compiled, it has a monetary value that is partly easy to determine and partly educated guesses as the value of the components. The Sudbury car accident lawyer files the claim with the court and, if an out of court settlement cannot be reached, the case goes to trial.

LAWYER HELPLINE: ☎ 855 804 7142