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how does a personal injury lawsuit work in canada?
3 minute read
common types of personal injury cases include slip and falls, car accidents, dog bites and defective products.
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when a person suffers a serious injury due to an accident, experiencing shock and then pain are initially what they will go through. however, if the injury is due to the fault of another, shock and pain will then transform into a need for justice.
that is what a personal injury case simply is, a situation where one person is injured due to a negligent or intentional act of another.
common types of personal injury cases include slip and falls, car accidents, dog bites and defective products.
many people wonder how long it takes to settle a personal injury case in canada. the answer really depends on many factors. they include the severity of the injury, how many parties you have to sue, if there is a dispute over who was at fault and inherent court delays. once these are determined, it could take anywhere from a few months or even several years to resolve a personal injury case.
a personal injury lawyer can help you sue the at-fault party for: pain and suffering; economic loss; future care; and out-of-pocket expenses.
personal injury lawyers represent people who have been injured in slip and fall (or trip and fall) accidents caused by unsafe conditions. the falls may occur outdoors or indoors, and in either circumstance, the property owner and others can be held responsible for negligence, if they failed to maintain a safe property.
you can seek compensation from malls, grocery stores, department stores, hotels, independent contractors and municipalities, amongst others, if their negligence has caused you or a loved one to suffer an injury.
falls are the leading cause of injuries in canada. in a national report
called the cost of injury in canada 2021, which used data from 2018 and was supported by the public health agency of canada, falls had a higher total cost incurred than any other cause, accounting for $10.3 billion, followed by transport incidents (car accidents) totalling $3.6 billion. the majority of these costs are attributed to health-care system costs.
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a few of the causes for slip & fall accidents are:
- failing to plow or salt snow and/or ice;
- failing to clean the floors properly after a spill or leak;
- failing to place warning signs on slippery floors;
- leaving merchandise in aisles or allowing merchandise on shelves to stick out into the aisles;
- failing to fix broken railings or other safety features; and
- failing to properly secure carpeting or rugs.
we all have known someone who has experienced an injury from slipping and falling on ice in the winter. injury to the bones and joints and supporting structures, such as muscles, cartilage, ligaments and tendons, frequently result from a serious fall. mild to serious ankle fractures are among the most common type of orthopaedic injury resulting from slip and falls.
while some orthopaedic injuries are mild to moderate and heal relatively quickly, others are severe and cause both short and long-term complications for the accident victim. physical limitations and chronic pain resulting from a severe injury often impacts a person’s ability to function in daily activities, recreational pursuits and sometimes, the ability to perform their job or in fact, any type of gainful employment.
orthopaedic injuries can also be caused by car accidents.
if your injury is the result of a car accident, here’s what you should do:
- call the police;
- call for an ambulance, if needed;
- take pictures and secure the names of witnesses if you are able to;
- take down the information of all parties involved (licence plate(s), driver’s licence(s) and insurance information;
- contact your insurance company within seven days;
- follow up with your family doctor; and
- contact a personal injury lawyer to discuss your case.
and if you’re wondering about the cost, most lawyers calculate fees as a percentage of what is recovered, plus disbursements. it’s important to work with someone who clearly sets everything out in a written retainer.
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nainesh kotak, is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he also serves as the chair of the long-term disability section of the ontario trial lawyers’ association.
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