Da Silva Legal Services Professional Corporation
Durham Personal Injury Lawyer
If a person gets injured as a result of another person’ act of recklessness or negligence, the injured party is entitled to seek retribution. In Canada, some wrongdoings are not considered under criminal law even if one person is responsible for hurting another such as the case of causing accidents. In such circumstances, the case will be tried in a civil court in which both parties involved will need to hire Durham personal injury lawyers to represent them.
If you have involved in an accident that resulted in severe injuries, you need to contact a skilled and knowledgeable accident lawyer to pursue a claim on your behalf by proving negligence on the party.
Elements of a personal injury case
Despite the fact that wrongdoings need to be tried either in a civil or criminal court, the wrongdoings must meet a certain threshold before they can be considered valid to be pursued. The following elements must be in place;
- One person must have a duty of care to another
- It must be proved that the duty of care has been breached
- That the breach of care has caused injuries to another person
In short what these elements mean is that for one to be held responsible, his/her actions of negligence must in one way or another, cause harm to another person. That is why even if a person acted in a negligent manner but never caused any harm, there will be no grounds for a personal injury lawsuit in Durham. Take for instance a driver on the road, driving while talking on his mobile phone. This can be considered as an act of recklessness or negligence but if it does not lead to an accident then no legal action may be taken against the driver.
Another scenario would be a situation whereby an individual’s dog slightly bites another person but no injuries are sustained. In such a case too, there will be no personal injury claim. In the absence of an injury sustained, no legal action may be taken against the person at fault.
Statutes of limitations
In Canada, each province has specific and unique statutes of limitations on personal injury cases. This refers to the amount of time that you have following an accident to make an official statement and file your claim. The statute of limitation for personal injury cases in Ontario is usually 2 years from the time of injury. An exception to this statute however applies when the victim is a minor. In such a case, the statute of limitation allows the injured up to two years after their 18th birthday for them to be able to file a lawsuit on their own. However, most times,
parents or guardian of the minor choose to file the lawsuits on the minor’s behalf but in such cases the two-year statute still applies.
What makes personal injury claims tricky and complex are the elements of proof and the statutes of limitation. As such, it can be difficult for an individual to know exactly if or not they have a valid personal injury claim. It is for this reason and many others that you must seek the help of an experienced personal injury lawyer in Durham.
Getting in touch with a Durham personal injury lawyer
Have you or your loved one been involved in an accident and sustained physical, emotional or financial damages? Were the damages and injuries as a result of another person’s negligence and act of recklessness? Speak to our Durham personal injury lawyers at Da Silva Legal Services Professional Corporation and you will have a chance to schedule a free consultation where our expert accident lawyers will listen to your side of the story and evaluate the facts of the case before guiding on the best way forward in terms of filing the claim and pursuing the case for full and favorable compensation.
Our knowledgeable lawyers are always on standby to offer you the best services all for free until the case is determine in your favor. Looking for a personal injury lawyer Durham? Visit our offices anytime or call us and our dedicated personal injury lawyers will come to you. We operate on a contingency fee system hence no need to worry about the heavy upfront and hourly rates charged by most of our competitors in the industry.