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10 Things You Need to Know About Personal Injury Claims

September 11, 2023

In recent years, the environment surrounding injury claims has shifted. Think you have grounds for a personal injury claim? Consider the below.

  1. WHAT IS A PERSONAL INJURY CLAIM?
    A personal injury claim is a legal process that allows an injured individual (the plaintiff) to seek compensation for physical, emotional, or financial losses resulting from an accident or incident caused by someone else’s negligence or wrongful actions.
  2. TIME LIMIT TO FILE A CLAIM
    In Canada, there are strict time limits (statute of limitations) within which you must file a personal injury claim. The time limit varies by province or territory, but it is generally within two to three years from the date of the accident or discovery of the injury. Failing to file within this timeframe may result in losing the right to seek compensation.
  3. PROVING NEGLIGENCE
    Personal injury claims can arise from various incidents, including motor vehicle accidents, slip and falls, medical malpractice, product liability, workplace accidents, and more. Read about the types of situations we have assisted in here.
  4. TYPES OF PERSONAL INJURY CLAIMS:
    Personal injury claims can arise from various incidents, including motor vehicle accidents, slip and falls, medical malpractice, product liability, workplace accidents, and more. Read about the types of situations we have assisted in here.
  5. INSURANCE COVERAGE
    In many cases, compensation for personal injury claims is paid by insurance companies. Understanding the insurance coverage and dealing with insurance companies can be a complex process.
  6. CONTRIBUTORY NEGLIGENCE
    Canada follows the principle of “contributory negligence,” meaning the amount of compensation you receive can be reduced if it is determined that you also contributed to the accident or your injuries in some way. The extent of the reduction varies depending on the circumstances.
  7. DAMAGES AND COMPENSATION
    Compensation in personal injury claims may include medical expenses, lost wages, pain and suffering, property damage, rehabilitation costs, and other relevant losses. The specific types and amounts of compensation can vary depending on the circumstances of the case and the severity of injury.
  8. SEEKING LEGAL REPRESENTATION
    Personal injury claims can be intricate, and insurance companies may try to minimize payouts. It’s crucial to seek legal representation from an experienced personal injury lawyer who can guide you through the process, negotiate with the insurance company, and ensure your rights are protected.
  9. OUT-OF-COURT SETTLEMENT VS. LAWSUIT
    Many personal injury claims are settled out of court through mediations and informal settlement discussions.. However, if a fair settlement cannot be reached, a lawsuit or arbitration may be necessary to pursue compensation. Going to court can be a lengthy and costly process.

  10. PRESERVATION OF EVIDENCE
    It’s important to preserve any evidence related to your injury, such as photos of the accident scene, medical records, witness statements, and any other relevant documentation. This evidence can play a crucial role in supporting your claim.

The law and regulations surrounding personal injury claims can differ between provinces and territories in Canada. Therefore, it is essential to consult with a local personal injury lawyer who is familiar with the laws in your jurisdiction and can speak to your specific situation for personalized guidance. We encourage you to reach out to Rose Keith or one of our personal injury lawyers listed on our website.

Expertise

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: September 7, 2023. ©Harper Grey LLP 2023

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