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Types of Personal Injury Cases: Canada – Diamond and Diamond BC

Jeremy Diamond December 13, 2019

Personal injury lawyers in Canada work with people in all kinds of situations to help them seek compensation after they have been injured. It is important to understand what types of personal injury claims exist and your rights.

A Look At Common Types of Claims Covered By a Personal Injury Lawyer

In the most basic terms, personal injury cases are considered tort cases. Tort cases involve one person suffering damage, whether it being physical or psychological injuries, and another entity or individual who is at fault.

1. Car Accident Claims

Car accident claims are the number one reason people visit a personal injury lawyer to file a claim. Car accident claims can be filed against the person who was at fault for the accident or the insurance company that should fairly compensate you after a claim.

2. Occupational Injury Claims

Occupational injury claims are a unique type of personal injury claim involving an employee and their workplace. Typically, workplace injury claims are against workers’ compensation insurance provider.

3. Medical Negligence Claims

Medical negligence personal injury claims occur when a patient is injured due to negligence in a medical treatment setting. For example, if you were injured by a doctor because they prescribed you medication that is mentioned in your patient chart as something you are allergic to, you could file a personal injury claim if damages ensued.

4. Premise Liability or Negligence Claims

Premise liability or negligence claims are personal injuries that occur on premises on which the owner has a legal liability to do what is necessary to prevent accidents. For example, if you are injured in a place of business because they left trash littered on the floor, you could file a personal injury claim due to premise negligence.

5. Professional Malpractice or Negligence

Professional malpractice or negligence can come from improper professional activities. For example, you may have to talk to a personal injury lawyer if someone did not provide the expected standard of service or care and it led to you being injured. Perhaps you were served poisoned food at a restaurant or sold a defective product and it resulted in illness, medical costs incurred, and other damages.

Your Rights in a Personal Injury Claim

In Canada, being injured due to no fault of your own does leave you with specific rights. Primarily, you have three main rights that your personal injury lawyer can help you better understand, including:

  • You have the right to file a lawsuit due to a personal injury
  • You have the right to file a claim within the time frame set forth by the Limitations Act
  • You have the right to recover damages, such as medical expenses, pain and suffering, loss of wages or employment, or loss of enjoyment of life

When you have been injured due to the inappropriate actions of someone else, there is no reason you should have to suffer the damages on your own without help. Talk to a personal injury lawyer to find out more about the different types of personal injury claims and to find out what your rights will be if you have been injured.

FAQ's

Do Most Personal Injury Cases Settle?

Each personal injury case is unique in their own dimensions. There is no guarantee whatsoever that all personal injury cases will end up in settlement. Majority of civil lawsuits however, settle before trial. A good number of these cases will settle at the closure of the discovery phase including deposition. In California, for instance, after a personal injury claim has been filed, the defendant will have to set a particular period of time to respond to the complainer. A complainer or plaintiff is the individual injured in the accident.

How Long Does It Take to Get a Car Accident Settlement Check?

There are a lot of different factors that can affect this, such as how simple your case is. If it’s very straightforward you can sometimes get your check in as little as 1-2 weeks, but sometime for very complex cases it could take anywhere from 1-2 years.

What Do I Need to Know Before Hiring a Personal Injury Lawyer?

When hiring a personal injury attorney, there are several factors you should consider. More often, you’ll need to base your decision on more than just calling the first number you see. Here are some of the things you need to know: You should not pay any costs upfront to hire an attorney. Secondly, the experience levels also matter. Always go for an experienced lawyer that understands what it takes to win a personal injury case. You should also go for an attorney you can trust and have confidence in. If you have been injured or lost a loved one because of wrongful death, a good attorney will help you obtain justice.

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