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

 

Windsor Car Accident Lawyer - Negligence

 

When an accident or injury happens, it could truly be accidental. Alternatively, the accident or injury could have been caused by the actions of another person or persons. The accident may have been caused by an individual person, a company of some sort or perhaps a governmental agency. If certain conditions are met, the actions of the offending party could be termed “negligence”.

Negligence can be caused by a positive action on someone’s part, a term called “commission”. In the same way, a negligent person could cause an accident via an act of “omission”, which is the failure to act that caused the accident. A person could be called negligent if their act of commission or omission was something that no reasonable person would do. It has to be something out of the ordinary.

Another thing that must be present in order for a Windsor car accident lawyer to prove negligence is that the offending person owed a “duty of care” to the person who became the victim. A duty of care implies that a person carries some kind of responsibility to behave in such a way as to make sure that the health and welfare of the other individual is intact. For example, an airline company owes a duty of care to make sure that all passengers arrive at their destination safe and well. Likewise, a doctor owes his or her patient a duty of care to take them through a difficult surgery without injury or adverse effect.

In the act of negligence, it must be proved that the offending person’s behavior was substandard and the duty of care was breached in some way. This idea could extend to a corporation’s policies or to the actions of a railroad company, who may cause injury to riding passengers through substandard practices of maintaining the railway surface.

If an accident or injury occurs and the victim doesn’t sustain any losses as a result, their Windsor car accident lawyer would have a hard time getting a compensation claim for the accident. Certainly, the victim could have sustained some kind of pain and suffering as a result of the accident and nothing else. A Windsor car accident lawyer could argue that pain and suffering represents a loss and a claim could then be made. Often though, victims have sustained multiple losses and these losses become the basis for the claim.

The claim filed on behalf of the victim represents the amount of money the victim wants in compensation for their losses. There are two kinds of damages or losses that can be included in any claim. The first is “special damages”. Special damages are things that have an easy way of calculating the cost of. Medical care expenses and lost wages are easy to tabulate and include in a claim. The other kind of damages to consider a “general damages”. General damages are not so easy to calculate. What is the value of not being able to get a better job or perform the normal activities of daily living?

When a claim is determined, it often includes the following elements. It likely includes the cost of medical expenses for the victim and the monies lost in wages from the time of the incident until the case is complete. You can reasonably calculate the loss of wages the victim would have made in the future had the accident not happened. The cost of repairing an injured automobile or replacing one can be included as well as the cost of renting a car. Disability-related costs such as equipment necessary to get around or the cost of a home health nurse can be estimated and included in the claim. More difficult is determining the cost of loss of affection from loved ones or loss of ability to do activities one normally does in life.

LAWYER HELPLINE: ☎ 855 804 7142