When injured by the fault of another, you are entitled to sue the other party for any damages you have incurred. This is called personal injury and there are laws in place in Canada that allows you to file a lawsuit to obtain compensation for your injuries. There are two types of personal injuries; tort and malpractice. Tort law pertains to most personal injury claims and will determine whether there are any losses to be obtained. Malpractice refers to the negligence of a professional that causes damages to the person filing the lawsuit. If you have been injured, whether physically or psychologically you may have a lawsuit and the attorneys at Clarke Law can determine whether you have a case.
What Constitutes Personal Injury?
If you have been assaulted or even if you have been injured by a faulty product, you will likely have a personal injury claim. People who have been in a car accident can also sue for personal injury to help cover the damages that their insurance may not cover. There are also some instances where you may have been exposed to a toxic substance that has caused harm to you. This often happens in the workplace, but does not mean that the workplace is the only place you may come into contact with a toxic substance. In regards to malpractice, there are several areas of professional work that can be found negligent. For instance, if your accountant has greatly mishandled your finances and caused damage to your finances, they may be found negligent. Or, the more common forms of malpractice involve the medical and legal. If your doctor has performed a procedure negligently and it resulted in causing you harm, or if your lawyer has not performed the tasks required of them during a case, you may be able to file a personal injury lawsuit.
Hiring a Lawyer
When you have found yourself to be injured by another, you should consult with an attorney to find out what your rights are and if there is a case. In Canada there are no specific statutes of limitations as each case is different, however you should not procrastinate in speaking with a lawyer about what has happened to you. A lawyer will know exactly what to do to file your claim and they will gather all of the important information needed to help win your case. Another reason to hire an attorney for personal injury lawsuits is that they have extensive knowledge on the subject and will know what laws apply to your situation. They will have the expertise and drive to fight for your rights and will know all the different motions to file in order to provide the best case possible.
No one expects to be injured, which is why they are usually called accidents. However, if you have been injured and the other party is found at fault because they were negligent, you are able to sue for the damages you have incurred, whether they are medical bills, loss of work, or pain and suffering.