Road Accident Lawyer - Injury Compensation Claim Negligence Law
Motor vehicle accidents are very common in Canada due driver negligence often exacerbated by the inclement weather and winter temperatures. Many motor vehicle collisions caused by the negligence of a third party lead to serious injury or death for an innocent victim. Ever year in Canada there are more than 10,000 fatalities caused by motor vehicle accidents, some resulting in wrongful death claims for drivers, passengers, pedestrians, cyclist and motor cycle riders. A motor vehicle collision which causes personal injury and loss can be entirely accidental with no person at fault or the accident can be the result of the negligent actions of more than one party or a single negligent individual. If you need advice on negligence from a road accident lawyer just call the helpline.
Court of Law
If there is a negligent third party involved, then the injured parties can file a negligence claim in a court of law against that person. The issue of legal proceedings in a court of law usually requires the injured person to instruct a personal injury lawyer who is skilled in motor vehicle accidents. The lawyer will reconstruct the accident, take witness statements and make a determination as to whether or not you have a viable claim based on negligence. The lawsuit begins when a claim is filed in a court of law.
Road Accident Lawyer Legal Charges
In a motor vehicle injury law suit the injured party does not have to pay the lawyer up front. The representation is free of charge until the point is reached when the personal injury lawyer wins the claim and the judge makes a financial award. The lawyer takes an agreed portion of the money and the injured party retains the rest. Defendants or more likely their insurer, on the other hand, must pay their lawyer throughout the lawsuit. If the injured party’s lawyer loses the case, no one gets any money and the injured party is relieved of all obligations to pay for the lawyer’s work.
Negligence has many different definitions however in general terms it may be describes as:-
“The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same community. “
Duty of Care
In practical terms relating to a road traffic accident in order to show that a third party is liable to pay compensation for personal injury it is necessary to show that that the defendant owes the claimant a duty of care. In the case of a road traffic accident all road users owe all other road users a duty of care. Thereafter it is necessary to show that the defendant’s actions are negligent which may be based on the above definition to the effect that the defendant has not exercised a reasonable degree of skill and care and lastly it must be shown that the defendant’s negligence has directly resulted in injury and loss to the claimant. If all three requirements are present then a claimant will succeed in an action for negligence against the defendant and will be able to claim compensation for personal injury and loss.
For convenience of calculation and assessment financial awards are divided into “special damages” and “general damages”. For determination of the award of special damages which applies to certain categories of loss, mathematical calculations are used to determine how much money should be awarded to the injured party. General damage items by their very nature cannot be calculated accurately on a mathematical basis and are determined by examining the facts of the case and thereafter a judge makes an assessment.
Personal injury awards can be complicated. A value is given to the pain and suffering of the injured party both physical and psychological. The lawyer calculates the amount of lost wages since the accident as well as future loss of wages. If the injured party would be denied a promotion or better job opportunities as a result of their injuries, this is included in the claim. If the injured party loses their job as a result of injuries, the loss in income is included. Some injured people have a lesser chance of getting a job after the accident and this is taken into account as part of the claim. Some injured people can’t enjoy their previous daily activities or their hobbies or previous lifestyle because of the influence of their injury which is compensable. The amount of money spent on physical care, either at a nursing home or at home, can be included fully within the totality of the claim. Any damage to the motor vehicle is paid, as are costs to rent a vehicle while your own is repaired. A repaired vehicle has less value than one that has not been repaired and this real loss can be claimed. If car insurance costs increase as a result of the accident, this can be included as part as the claim. The personal injury lawyer factors all of these losses (and many more relevant items) into the claim together with out of pocket expenses and other reasonably incurred financial losses.