4 Elements of a Personal Injury Case

If you have been injured in an accident you believe was caused by someone else's negligence, you need to have a basic understanding of your legal right. In this regard, you also need to have an essential familiarity with the four primary elements of a personal injury case. The reality is that you must be able to demonstrate the existence of all four elements in order to prevail in a personal injury case.

1. Duty of Care

In order to prevail in a personal injury case, you must demonstrate the existence of what legally is known as a duty of care. A person driving a motor vehicle on a public roadway has a duty of care to operate the automobile in a reasonably safe manner. The owner of a grocery store has a duty of care to keep floors free from liquids to protect against slip and fall incidents.

2. Breach of Duty of Care

Proving liability in a personal injury case requires a demonstration that a duty of care was breached. A motorist who drives through a red light violates a duty of care to operate an automobile in a reasonable safe manner. A grocer who knows milk has spilled on the floor and fails to clean it up in a reasonably timely manner also breaches a duty of care.

3. Demonstration of Proximate Cause

Proximate cause is a legal term that essentially means that the breach of a duty of case must be the legal and actual cause of the accident and injuries you sustained. In order for the breach of duty to be the proximate cause of an accident and associated injuries, these injuries must have been reasonably foreseeable.

When a motorist runs a red light and collides with a pedestrian lawfully in the crosswalk, the injuries sustained by the walker are reasonably foreseeable. Running the red light would be the proximate cause of the accident and injuries sustained by the pedestrian.

On the other hand, a situation could exist when injuries connected with a motorist running a red light would not be foreseeable. For example, a person looking out a window of building near the intersection could observe the accident occur. The observer could be so alarmed by the event that he or she experiences a heart attack.

The conduct of the motorist in driving through a red light likely would not be considered the proximate cause of the heart attack sustained by a person in a nearby building who observed the accident. The person at a distance suffering a heart attack is not what legally is considered a reasonably foreseeable result of running a red light.

4. Actual Injuries, Damages, or Losses

In order to prevail in an accident case, you must demonstrate that you have suffered actual injuries, damages, or losses. Losses of any type cannot be merely speculative.

In a personal injury case, compensation is contingent upon proving the nature and extent of injuries sustained. For example, you cannot simply allege that you were in an accident and, as a result, you are more likely to experience future health issues that would be the case had the incident not occurred.

Proving the existence of all four elements needed to provide liability in a personal injury case is not necessarily an easy task. The need to demonstrate the existence of all four elements underscores the necessity of retaining capable, experienced legal counsel in a case involving injuries, damages, and losses arising from an accident.

How to Sue for Medical Malpractice in Canada

Accidents can happen to anyone at any time. Unfortunately, you can even suffer a personal injury as a result of someone else’s negligence. In Canada, one of the types of injury claims you can make involves medical malpractice. If you are injured because of negligence or a mistake on the part of a doctor, nurse or other medical staff, you can sue for damages. However, medical malpractice consists of very complex laws, so it’s important to know how to proceed with your claim.

Situations Where a Doctor Can be Sued

In Canada, a physician can be sued for medical malpractice due to negligence. In general, the following must be proven for your lawsuit to be successful:

• The standard of care the doctor provided was less than a level of care that a reasonably competent physician would provide
• The injury would not have occurred if the doctor had provided a reasonable standard of care or treatment

Statute of Limitations for Filing Medical Malpractice Claim

In general, each province of Canada has its own set of laws regarding the statute of limitations for filing a medical malpractice lawsuit. The statute of limitations is the amount of time that the plaintiff has to file their claim. Most often, the statute of limitations is two years from the date of the incident or injury sustained. In other words, if you have suffered a personal injury due to the negligence of a doctor or other healthcare professional, you must file your claim with the court within that two-year time frame. If you fail to do so in a timely manner, your case will not be heard by the court and you will not be able to collect compensation for your injury.

Length of Time of a Medical Malpractice Lawsuit

Overall, any medical malpractice lawsuit can take years to conclude. This can occur whether there is a settlement negotiation or if the case goes to trial. Certain factors determine the exact length of the suit, including the following:

• Medical malpractice cases are very complex and take time to be properly investigated. Even though many attorneys take cases on a contingency basis, which means they only get paid if the plaintiff recovers compensation, they have a long and arduous journey while gathering up all relevant evidence to prove their client was injured because of negligent care from a doctor or other healthcare professional
• All medical malpractice cases in Canada are defended by the Canadian Medical Protection Association, which tenaciously defends clients during cases brought against them

Is There a Cap on Damages in Medical Malpractice Cases?

All kinds of negligence cases in Canada have a damage cap. In general, this means that you can only receive up to $330,000 in compensation for your injuries. However, there is no such cap on other types of damages like loss of income or future medical care.

If you have suffered a personal injury due to negligence by a doctor or while at a hospital, it’s important to seek the assistance of a skilled attorney. That is your best chance of being able to get your case heard in court and recover compensation for your injuries and other damages.

What You Can Do About Animal Attacks

The laws regarding animal attacks are a bit vague in certain parts of the world, but they are quite clear in Canada. You have a right to compensation if an animal attacks you and causes you injuries of any kind. The owner of such an animal is responsible for ensuring that you receive funds for all of your expenses until you can recover fully. The country sees more than 500,000 dog bites each year, and it made these laws to protect its citizens. The following are some tips that you can use if you happen to get bitten by a dog in Canada:

Approach the Owner Immediately

The first thing you should do is make the owner aware of what occurred if he or she does not know. Such would be the case if the animal is off of its leash. Let the person know that the animal attacked you and has caused you to suffer with an injury.

Take Pictures and Gather Documentation

Take pictures of your injury with a mobile phone or some other type of device. Get statements from any witnesses that saw what happened. Prepare yourself just in case you have to take your case in front of someone like a judge.

Try to Resolve the Situation With the Pet Owner

You should always try to resolve issues outside of the courtroom if you can. Let the pet owner know that you feel that he or she is responsible for the injuries that you have suffered. Offer to develop a plan of restitution and care. If the pet owner does not want to resolve the issue or admit fault, then you may have to take the situation to the next level.

Contact Personal Injury Lawyers

Personal injury lawyers Toronto are available in all parts of Canada to help you with a dog bite case. You will want to visit a personal injury lawyer if you cannot get the pet owner to help you with your medical bills. The lawyer will first bring you in for a consultation. The consultation is a good time to bring in your injury photos and medical bills. The lawyer will want to see that. He or she will let you know if your case is worth pursuing on a large scale. If yes, then you can hire him or her to start working on it right away. The first thing the lawyer may do is try t negotiate for an out-of-court settlement again right away. If that does not work, then you will have to go through a lengthy full case. The extra time may be worth it because you may end up winning much more than you ever imagined you would.

What You Need to Know About Personal Injury Law

No one wants to think about getting hurt due to someone's mistake or negligence. Unfortunately, it can happen to any of us. When it does, do you know enough about personal injury law to make informed decisions? The following tips may help.

Get a medical evaluation.

If you have been hurt in an accident at work or in a car, or anywhere, see a doctor for an examination. Unless it's a very minor accident, you may have sustained an injury that has not yet shown symptoms. In fact, some symptoms might not show up for days or weeks. A medical evaluation at the time of the injury will help to determine the scope of damage, if any.

Consult a personal injury law expert.

While you could talk to someone who is familiar with the jurisdiction and laws pertaining to personal injury in your state, your best option is to consult a personal injury lawyer with experience in this area of legal practice. He or she can give you an opinion about whether or not you have a reasonable claim to compensation from the person responsible for the accident or injury. The attorney can also advise you about timelines and procedures so you know what to expect if a claim is filed.

Organize accident-related expenses and receipts.

Beginning with your first medical exam, collect all medical bills and receipts, along with any test results or other information you may receive. Usually the attorney you hire to represent you will arrange to collect a formal set of medical records, but keep track of everything else that comes your way.

Write a timeline of key events.

Your attorney may suggest that you keep an informal but detailed timeline of events from the time of the accident. This may include people you talked to, doctors, seen, and symptoms or consequences stemming from the injury or accident.

Make a list of potential witnesses.

Collect the names and contact information of anyone who witnessed the accident. This might be passengers in your vehicle or coworkers on the job. An informal list may prove a helpful resource if objective observations are needed.

Experiencing an injury as a result of someone else's actions may be serious, but we don't always know that at first. To be safe, follow steps like these to be prepared in case symptoms develop that need to be addressed. A personal injury attorney can offer helpful suggestions to prepare your injuries for legal consideration if necessary. If you would like to learn more, there are more resources available at Claim Accident.

Determining Fault in a Car Accident

Those who are hurt in a car accident may wish to file a personal injury lawsuit with the intention of obtaining compensation for damages arising from the crash. However, a driver still has to prove that the other driver or some other person actually caused the crash to happen. How is this done?

Was the Other Driver Going Too Fast for Road Conditions?

In most cases, a driver has to stay at or below a posted speed limit. However, inclement weather or heavy traffic could change what is considered a safe speed for road conditions. During a snow storm, you could be driving significantly less than the posted limit and still be driving too fast to be doing so safely. If there is heavy traffic on a road or highway, the other driver may not be driving in a safe manner unless he or she was keeping up with traffic regardless of how fast or slow it is going.

Was the Other Driver Impaired?

Those who drive under the influence of alcohol or other illegal substances could be at fault for any accident that they cause. If the person who hit you was under the influence of a substance, he or she is likely acting in a negligent manner and considered at fault for the accident.

Was the Other Driver Distracted?

Distracted driving can take a variety of forms. For instance, an individual could be distracted just by thinking about work while on the way to the office. A driver may be considered distracted because he or she changed the radio station or because he or she was responding to a text message when an accident happened. Those who are distracted prior to an accident are generally considered to have caused it.

Did the Other Driver Attempt to Make a Turn?

If a driver makes a left turn across another lane of traffic and an accident occurs, the driver who made that turn is at fault. This is because the driver who is already in his or her lane would be considered to have right of way. The only time a driver can turn left is if he or she has a green arrow at a traffic light or no one is coming from the opposite direction.

Those who have been hurt in a auto wreck should call a car accident lawyer like http://www.claimaccident.ca/ today. An attorney may be able to review the case to determine who was at fault and figure out how to get an injured victim everything that he or she may be entitled to. Cases may be resolved through a trial or a settlement depending on the facts of a given case and the wishes of the plaintiff.