Law is there to help people, and when we talk about situations when a person has to face physical and mental trauma because of someone else’s fault, then knowing about which legal practices can help you becomes of utmost importance. In this article we are going to share some basic facts about the set of laws formulated to help people suffering from serious injuries caused due to the negligence of someone else. So, let us begin with understanding what exactly we are talking about here.
What is a serious injury?
As already stated, when a person faces an injury be it physical or psychological, because of some third party’s negligence, then it is said to be a serious injury, a personal injury. A serious injury can occur because of any of the reasons mentioned below:
- Injuries due to accidental damage
- Injuries due to negligence of property owner
- Injuries caused in public transportation
- Injuries caused in recreational facilities
The list goes on and on.
So, what happens when such situation arises? Is there any legal practice that can help you make a claim for this?
The answer is yes, there is! And, the name of that practice is Personal Injury Claim!
What is a Tort?
First of all, let us shed some light on the word Tort.
The word originates from the Latin word Tortus. Tortus in Latin means wrong, while there is another school of thought that attaches the word tort with French origin. Tort in French is used to define something wrong.
Now, when we look at the tort in terms of legal language, then it can be explained as
“The body of law that allows an injured person to obtain compensation from a person who is responsible for his/her injury is known as Tort Law.”
The body can be looked upon as the initiative of government to provide the citizens a sense of relief that there is always someone to help, no matter how bad their injury is. With serious injury claim, the personal can always have a peaceful sleep, knowing that even if the adverse conditions come they would have something to look up to for help.
Now, the big question that might be popping in your mind is “What are the types of injuries or scenarios that are covered under this law? Can you get a compensation for even a small injury? What if your compensation claim is too small to get help from a legal professional?”
Well, all these questions are bound to come in your mind, but to help you find an answer we have compiled all the information, so let us have a look.
Different Types of loss that can be claimed for Serious Injury Cases in Toronto
Serious injury claim can be of any type. Here is a rundown at some of the most common types of benefits that you can apply for in case of a personal injury because of some other person’s negligence:
- Medical Expense – the biggest threat involved during an accident is the medical expenses. There can be serious injuries that can pile up heaps of monetary expenses at medical facilities, not to mention the mental trauma for the same. This is where tort law can come to your rescue. In case, your injury falls under the tort law, then you can be sure to not just get the compensation for medical care cost during the treatment, but at the same time you will also get all the money that you might be spending for the same in future as well. This is the reason that getting to know about your legal claims and rights becomes so important.
- Loss of Income – another great type of situation that falls under this law is that the person injured is also entitled to get a reimbursement for the loss of income that he/she might have suffered due to personal injury. And, trust me this is something lot more than you can expect. This compensation might include everything, from your loss of current source of income, the money that you might have been able to make in the future (in case the injury did not strike), and similar others. The additional money that is referred to as the Damage Award given to a person based on the “loss of earning capacity” that he/she has suffered.
- Loss of tangible property – not just the health of the individual, but the tort law also takes into account any loss of tangible property associated with the sufferer. For instance if you were in an accident and had to face loss of your vehicle, clothes or any other items that belonged to you, then according to the torts law you are entitled to get a reimbursement for all of these goods. In fact, the value of the lost goods will be a fair one as compared to their prices in the current market. So, you don’t have to worry about losing either your health or your property as well.
- Compensation for emotional distress – when we talk in terms of serious injury cases, there are many instances when mental trauma is far more than the physical injury. This mental trauma can lead to a far more damaging impact on both personal as well as professional life of the individual. This is the reason that government has provided a clause within then serious injury claims that ensures the person to get a fair compensation for the emotional suffering he/she has to go through because of someone else mistake. This include any kind of trauma, be it fear, sleep deprivation, anxiety or any other form of mental trauma that you can relate to the injury.
- Loss of personal enjoyment – when a person goes through an accidental damage, not only are the income sources crippled, but there is a substantial amount of loss of abilities to perform personal enjoyment. This includes having lost the ability to perform day to day activities, like hobbies, exercise and anything that you can relate to recreational activity. And, tort law covers all that under loss of enjoyment. So, not only are you entitled to get compensation for physical an emotional stress, but the law also permits you to have a compensation for any type of enjoyment loss as well. In simple words, the government is there to help you as much as you can, as long as you know how to get the government to help you.
- Consortium Loss – more often than not, injuries cause due to these causes lead to a devastating impact on relationships. Although, most of the times the loss of consortium is generally related to the loss of ability to maintain a sexual relationship, but there can be other aspects involved as well. Different states have their different set of guidelines for the same. But the bottom line is that this loss needs to be tackled. And, to make sure that there is no false claim made the government has made the provision to award this type of damage claim straight to the family member suffering the distress rather than the person who faced personal injury.
What are the main causes of serious injuries?
The causes include a list of factors. Here is a brief about all of those:
- Trespass – this is the most common type of cause of serious injuries. In this case the sufferer has to face the distress simply because of some unwanted person trespassed their property and led to an injury to the person. Ask any lawyer related to this trade and you will get to know that trespassing is the most common type of claim for which they face an application.
- Personal Assault – this could be another reason to apply for a tort claim. The assault could be of any type, be it intent to kill or harm the person under attack, there is provision for all these types of claims within the tort law. However, it is always a good idea to get in touch with expert to know thoroughly about all the pros and cons associated with applying for a personal injury claim for assault.
- Negligence – this is something that almost anyone can suffer, simply because people are so careless about what they do. For instance, road accidents are the most common type of issues that fall under this category. Considering the fact that these accidents can lead to such a huge level of emotional and physical distress, it becomes imperative that you an expert lawyer’s view before you actually claim for serious injury compensation due to an accidental damage.
- Infliction of emotional damage – as already stated, the tort law takes into account not just the physical damaging factors, but also the emotional distresses as well, this is the reason that you can expect to get a coverage for intentional emotional pain that someone might have caused you. For instance, if you had to go through a mental trauma because of someone activities to hurt you intentionally, then tor law can come to your rescue and help you with the compensation for this loss in monetary form.
- Liability of Product – and, lastly the damage of property/product is also another cause of serious injury claim. Keeping in mind that serious injury could lead to damage of your assets and liabilities as well, it becomes important to know that the serious injury claim is there to help you get a fair compensation for all types of property losses as well. This could cover all the important things, from your vehicle to clothes and any other personal belongings that can cost you quite a lot.
Should you hire a lawyer or do it on your own?
Coming to the most important question on this topic of discussion “How can a lawyer help in a serious injury claim,” all we would like to say is that there are quite a number of legal formalities involved with filing the claim for a serious injury.
And, the fact that the law is quite complex, therefore you are definitely going to need the help of an expert who can help with all the aspects of the claim. For instance, a lawyer can help you understand the nature of the conduct of the person who has led to the physical as well as emotional damage to you, and also the nature and circumstance which led to this damage and therefore can come up with the best help to ensure you get the compensation.
Take a look at the figures and you will realize that more than 60% of the people file for these claims on their own. So, should you also? Well, wait before you get to know what happens to these people. Majority of them fail to get the compensation. Why?
Simply because the complexities involved with the process are so much that can never be sure to get fair compensation unless you know the ins and outs of the game!
This is the reason that our advice would be to always have an expert by your side, who can not only help you with the filing and application part, but at the same time knows everything that you are going to need to get a fair negotiation done with the person who has caused, and that too within the legal boundaries.
And, that what it is all about.
If the government has given something to support us, then why not make full of it and get an expert who knows all about it hired for help. So, if you have been marred by any sort of personal injury or serious injury because of someone else’s negligence, then you know where to go to for help.
Start looking for a serious injury lawyer and see how efficiently they can take all the distress away from you and help to fetch the right compensation that you deserve, within the legal boundaries.
Please call Toronto serious injury claims lawyers at
1 (844) 722-5246 or Book your FREE consultation.