How To Recover Damages In The Event of A Personal Injury Claim

Regardless of how you sustained your injuries, there is a chance you may be entitled to certain damages in order to compensate for your injuries and injury related expenses. However, in order to be awarded these damages, you will first need to know which damages you qualify for, and what your rights as a plaintiff actually are. A personal injury lawyer in Oakville will be able to help you with this.

How To Prove Someone Guilty of Negligent Behavior

Aside from the no fault law which comes into effect in Ontario car accidents, every personal injury claim comes with the prerequisite of proving the at fault party guilty of negligent behavior. However, doing so is not always so simple. The basis of negligence is that the party you are trying to prove guilty, was in a position in which they owed you a duty of care. Whether that be to you specifically, or to the public at large, or another group which you were a part of. Next, you will need to prove that this duty of care was breached by this party, and that this breach then led to your injuries.

By looking at the surrounding circumstances, a breach of the duty of care can be proven. The most common cases where proof of negligence is necessary are motor vehicle collisions, cases of medical malpractice, slip and falls, injuries caused by defective products, and animal attacks. If you can prove that another’s negligent behavior directly caused your injuries, you will already have a solid basis for your case.

Knowing Which Damages Are Recoverable in Your Case

There is a multitude of injuries which can be sustained as the result of somebody else’s negligent behavior, and by far not all of them are physical. While traumatic injuries, fractured bones, and torn ligaments can be source of your pain, PTSD, depression, and other psychological or emotional conditions are just as valid when it comes to filing your claim and seeking compensation.

It is best to talk with your lawyer and understand the nuances of the claim process. They will be able to help you get the desired compensation after evaluating the case. With many damages available, your lawyer will be able to inform you of which ones apply to you and your unique circumstances. Compensation can be obtained for medical expenses, disability, pain and suffering, loss of income, disfigurements, as well as a wide selection of other damages. The purpose of these damages is to put you back into the state of health, you were in prior to the incident.

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