Accidents that result in serious injury might give rise to liability if the person responsible was negligent. However, the definition of negligence is only sometimes clear and straightforward.
If you sustain injuries, you should consult an accident lawyer to know whether you have a valid cause of action. If this is the case, you may be entitled to compensation for your injury.
Continue reading to learn more about the concept of negligence and the compensation available for injuries.
NEGLIGENCE: WHAT DOES IT MEAN?
If you are hurt due to another person’s or entity’s conduct or inaction, they may be held legally liable for your injuries through negligence. Negligence arises when someone fails to behave with the level of care that a reasonable person would exercise in a similar situation, including actions or omissions that cause physical injury, property damage, or financial loss.
Someone may be held accountable for damages if they are determined to be negligent and their actions or omissions cause harm to another person.
If you believe you have been hurt due to another party’s negligence, you may be able to make a court claim to seek financial compensation for your injuries. An expert personal injury lawyer can assist you in determining whether you have a valid claim and pursuing legal action to seek compensation.
In accordance with Canadian law, negligence occurs when an individual’s actions fall below a reasonable standard of care. This standard of reasonable care is based on “what a reasonable or ordinary person would have done in a similar situation.”
In court, you must prove the following elements to establish negligence to be financially liable for your damages.
- Owed a duty of care to the victim
- Failed to adhere to that duty of care. You must demonstrate that someone could not do what he should have done, given the circumstances and the obligation owed to you.
- The accident was a direct result of the failure of care. Therefore, you must establish that the breach of duty of care was the proximate cause of the injury.
- Knew or should have known that the failure of care would cause harm and cause property damage.
TYPES OF INJURY COMPENSATION CAN BE SOUGHT IN A NEGLIGENCE CASE
Here are some types of compensation for injuries caused by negligence:
Lost wages encompass the victim’s lost income due to the injury. It is possible to seek compensation for lost wages in a personal injury case. It also includes situations where the victim needs vacation or sick time.
An accident victim can still file a claim for lost wages even if they can only partially work. The victim may be eligible for compensation for future losses and the cost of training to enter a replacement career if their earning potential is permanently reduced.
Out-of-pocket expenses are expenses you have to pay for an injury that is not reimbursed by insurance or other financial aid. These charges can include things like your injuries-related travel and medical expenses and other reasonable and necessary fees. Therefore, it is crucial to maintain thorough records of your out-of-pocket costs to support your claim for reimbursement for these costs.
You can seek compensation from an experienced personal injury attorney with their guidance after determining which costs may be covered by insurance.
ASSISTANCE AT HOME
You may be eligible to seek compensation as a plaintiff in a personal injury action for costs associated with assistance at home. These costs can include paying someone to conduct domestic chores you cannot complete yourself because of your injuries.
Laundry, housework, grocery shopping, and even simple errands are a few examples of such duties. Since they are intended to take the place of the services you would otherwise provide for yourself or your household, these costs are frequently referred to as “replacement domestic services.”
It is crucial to keep thorough records of the jobs you cannot accomplish and the cost of hiring someone to do them on your behalf to get reimbursement for these costs. Additionally, you must be ready to offer proof of your claim for reimbursements, such as invoices or receipts.
You may be able to claim compensation for any additional expenditures you suffer as a result of your injury, such as transportation costs or medical expenses, in addition to requesting payment for domestic replacement services. To find out what compensation you could be entitled to and how to seek it, it is crucial to speak with a personal injury attorney.
OTHER GENERAL DAMAGES INCLUDE PAIN AND SUFFERING
Victims of injuries can seek compensation for their mental anguish due to the negligent party. The inability to engage in or take pleasure from previously enjoyed activities is one measure of pain, as is the possibility of temporary or permanent paralysis resulting from the pain.
A loss of enjoyment of life can stand its own in a claim for pain and suffering. Loss of consortium, or the inability to continue enjoying one’s previous relationships with one’s spouse and family members, may also be awarded as general damages.
When someone else’s carelessness causes damage to your property, you can file a claim to get their money back for repairs or a new one. However, the negligence only resulted in property loss or significant monetary damage. In that case, the case may be considered a “property damage only” case.
WHAT ARE SOME SPECIFIC EXAMPLES OF NEGLIGENCE?
Victims of negligence can suffer injuries in countless ways and many different circumstances, including:
- Automobile accidents
- Slipping or falling on hazards that the owner should have cleared.
- Neglect or mistreatment in elder care facilities.
- Emotional distress due to harsh treatment from civil authorities.
- Harm from employees who were negligently retained or hired.
- Surgical or other medical mishaps or misdiagnoses.
- Inadequate or missing warnings about known hazards.
- Contamination or defects in consumer products.
GET HELP WITH YOUR NEGLIGENCE LAWSUIT
Negligence law aims to enforce basic care standards between people. It imposes the costs of property damage and personal injuries on parties that don’t follow the rules.
In most successful lawsuits, victims can recover medical costs, lost wages, and pain and suffering. Whether you are the defendant or the plaintiff, seeking legal help from an experienced personal injury lawyer can significantly increase the chance of a settlement in your favour.
Here at Sidhu Personal Injury Lawyers Calgary, we handle injury lawsuits and insurance claims so that you can be confident in your recovery with us. We take on large insurance companies, corporations, and special-interest groups on behalf of the average person.
Schedule your free, confidential appointment with an accident lawyer in Calgary.