Da Silva Legal Services Professional Corporation
Windsor Personal Injury Lawyer
In Canada, personal injury law is considered as a tort law whereby individuals involved in accidents of any nature are compensated by the party considered to have acted negligently or in a reckless manner. The party to be held responsible can be a person, organization or government entity. This therefore falls under civil law rather than criminal law.
The financial compensation in personal injury law is meant to provide financial relief for the physical, emotional and financial injuries sustained by the injured party. This can as well be provided to offer relief for pain and suffering to the injured.
In many instances, personal injury cases are settled before the case goes to trial. However if the involved parties cannot agree to settle it out of court, it may eventually be taken to a civil court where it will be heard and determined. To make things a lot easier for the injured person, it is advisable to seek the help of a Windsor personal injury lawyer to help them through the process of filing a personal injury claim. With the help of these experienced accident lawyers, you can easily pursue the compensation you deserve as you focus on your recovery.
Negligence in a personal injury claim
In terms of law, every individual is required to act responsibly or reasonably so as not to put another person at risk. In order to prove negligence in personal injury claims, one therefore needs to show that indeed another person contributed in one way or another in causing injuries to the accident victim and that another person would have acted differently in the same situation to avoid the accident.
A person can only be charged of negligence if indeed the negligence resulted in another person’s harm. Otherwise, no one can file a personal injury case against them. Take for instance a person texting while driving; this is an act of negligence but if it does not result in an accident that injures or hurts another person, then the person’s negligence may not be considered as ground to get him charged.
Common types of injury cases
Motor vehicle accidents are the most common types of personal injury cases in Windsor as is the case in the rest of Canada. Among other common types of cases also reported include;
- Premises liability claims
- Cycling accidents
- Product liability claims
- Boating accidents
- Do bites
- Medical malpractice claims
- Slip and fall accidents
- Wrongful deaths
In case you are injured due to the negligence of another person organization or government entity and that your injury falls under the categories listed above or any other, you need to immediately speak to a personal injury lawyer in Windsor to help you in pursuing the claim.
Potential value of personal injury claim
Any person injured in circumstances believed to have been caused by another person, organization or government entity is entitled to compensation for damages incurred. While many people in Canada believe that damages differ greatly in Canadian lawsuits, it is actually possible to receive a significant amount in terms of settlement for the damages incurred.
In determining the value of compensation, a number of factors are put into consideration. The damages are divided into economic and non economic and from these categories, it is possible to determine the value of your personal injury claim.
For economic damages, all expenses incurred that can have a financial value placed on them are recorded here. These may include;
- Medical bills
- Lost wages
- Future rehabilitation and medical care costs
- Transport costs
Property damage costs e.g. cost of car repairs damaged property in the car like phones and laptops and many more
In the case of non-economic damages, such damages as pain and suffering are considered. Although it may be difficult to place a financial value on these damages, experienced Windsor personal injury lawyers perfectly understand how they will go about it to secure significant compensation for the same.
Contact a Windsor personal injury lawyer
Following the complexities involved in personal injury cases, it is crucial to contact a personal injury lawyer in Windsor. The expert lawyers and paralegals have all it takes to collect relevant evidence and witnesses, prepare the legal paperwork and present the case in a manner that will convince the judges to offer a significant compensation you deserve.
Contact Da Silva Legal Services Professional Corporation, a leading personal injury law firm in Canada today having operated for more than 20 years helping people faced with various challenges with their personal injury cases. Visit our Windsor offices immediately after an accident for the best personal injury legal advice on the available options of pursuing your case. In case, you are not able to make it to our offices, our dedicated team of highly knowledgeable and experienced personal injury lawyers will come to you. Worry not about the legal fees because we don’t charge a single penny in the entire process until you are favorably compensated.