Personal Injury
A personal injury claim is a legal claim for compensation for damages caused by someone else's negligence or intentional act. There are different types of personal injury claims in Ontario, Canada, depending on the cause and nature of the injury. Some common types are
Car accident claims
These are claims against a health care professional or facility that provided you with negligent or substandard medical care that caused you injuries. They can cover the same types of damages as car accident claims, as well as additional damages for loss of enjoyment of life and loss of opportunity. To make a medical malpractice claim, you need to prove that the health care provider breached the standard of care, that it caused your injuries, and that you suffered damages as a result. You also need to comply with the time limit of two years from the date of the negligence or the date you discovered the negligence.
Dog bite claims
These are claims against the owner or keeper of the dog that bit or attacked you and caused you injuries. They can cover the same types of damages as car accident claims. To make a dog bite claim, you need to prove that the dog owner or keeper was liable for the dog's actions and that you suffered injuries as a result. You also need to comply with the time limit of two years from the date of the accident.
Medical malpractice claims
These are claims against a health care professional or facility that provided you with negligent or substandard medical care that caused you injuries. They can cover the same types of damages as car accident claims, as well as additional damages for loss of enjoyment of life and loss of opportunity. To make a medical malpractice claim, you need to prove that the health care provider breached the standard of care, that it caused your injuries, and that you suffered damages as a result. You also need to comply with the time limit of two years from the date of the negligence or the date you discovered the negligence.
Slip and fall claims
These are claims against the owner or occupier of the property where you slipped, tripped, or fell and injured yourself. They can cover the same types of damages as car accident claims. To make a slip and fall claim, you need to prove that the property owner or occupier was negligent in maintaining or repairing the premises and that you suffered injuries as a result. You also need to comply with the time limit of two years from the date of the accident.
Product liability claims
These are claims against the manufacturer, distributor, or seller of a defective product that caused you injuries. They can cover the same types of damages as car accident claims. To make a product liability claim, you need to prove that the product was defective, that it caused your injuries, and that you used it as intended. You also need to comply with the time limit of two years from the date of the accident or the date you discovered the defect.
A tort claim is a type of personal injury claim that seeks compensation from the person who caused your injuries. A tort claim can be made in addition to or instead of an accident benefit claim, which is a claim for no-fault benefits from your own insurance company. A tort claim can provide you with more compensation than an accident benefit claim, but it also requires more evidence and legal expertise. To make a tort claim, you need to hire a personal injury lawyer who can help you file a lawsuit against the responsible party and negotiate a settlement or go to trial. A tort claim can take several months or years to resolve, depending on the complexity and severity of the case.
