Why is Product Liability Cases Complicated Yet Preferred?

It’s important to begin by explaining that the country of Canada has both governmental and provincial laws. If the latter differ from the former they are going to be preferred and enforced over the particular province. With this in mind, it’s important to note that there aren’t many provinces with legislations which differ from the governmental. However, the province of Ontario is consisted of a lot of different cities and towns. Oakville, for instance, is one located in the Southern parts of Ontario and it is a suburban town. However, the legislation of Ontario is fully enforceable in the city of Oakville as per the rules which were described above.

Significant compensation claims

Product liability poses a great interest in every single law firm. This is due to the fact that the cases are generally aimed towards huge corporations and the compensatory claims are significant. This means that the attorney’s commission is going to be huge and also the potential win is going to have a great impact on their reputation in very beneficial manner. However, there are a lot of things to be considered.

Even though product liability seems to be the overly preferred field of expertise for most of the law firms which practice in personal injury law, it has a lot of specifications. It is important to determine the exact cause for the product liability lawsuit. This is due to the fact that it may be regulated by different areas of the law. For instance, if the product liability case derives from a breach of contract, this is going to be regulated as per the rules of the Commercial law or in some cases as per those of the Common law. However, if there was an additional duty of care implied by the contract and the defending party breached it, the rules that are going to take effect are those of personal injury law. This is why product liability can be incredibly tricky. It requires thorough and sound knowledge of a variety of fields of expertise.

It is also important to note that these cases are commonly going to be pushed towards settlements because generally the corporations don’t want to risk the whole thing going public in trial. This could hurt their reputation and private out-of-the-court settlements are preferred almost always. With this in mind, it is important to take advantage of this situation and demand higher settlements.

After all, the defending party is at fault and it has interest of a settlement – you should most certainly take advantage out of it. This is also the main reason for which most of the law firms prefer to deal with cases of this particular type. Thus, if you have a similar case to file but don’t know how to go about it, contact an experienced legal firm and get the compensation that you deserve.

How Do Personal Injury Lawyers Help Victims With Compensatory Damages?

One of the first things that the majority of people are going to ask their Personal Injury Lawyer in Oakville is how much money are they going to get out of the compensatory claim. The fact is that this question is incredibly hard to answer, especially in the early stages of the lawsuit. In the majority of situations it would be simply impossible to determine the exact cause of said damages because the plaintiff would still have to undergo medical treatment, to receive adequate therapy and to give your body the chance to actually rehabilitate as well. This particular process could be lasting for a couple of months or for a few years and it is likely to be very expensive.

Which are the factors to consider?

Personal Injury Lawyers in Oakville all share the same trait. They deal with cases which result from vehicle accidents in which the monetary damages are paid from one party – the at-fault side called a defendant to the other party – the victim, called a plaintiff. In the majority of cases in which a vehicular accident is involved, there is going to be an insurance company in the middle who is going to take the responsibility for paying the monetary damages as per the contract of the insured. However, the fact is that in the state of Ontario, over 90% of the cases are settled prior to getting into a court room. This is generally considered as incredibly beneficial for the plaintiff.

Compensatory damages

So, basically the most important question to ask the Personal Injury Lawyer in Oakville is regarding the compensatory damages in the particular field of personal injury. They are called this way because the money that would be transferred to the injured party has to get compensated. With this in mind there are two basic types of compensatory damages as per the legislative provisions of the state of Ontario.

·         Medical treatment

The personal injury damages are intended to include the cost of the exact medical care which is associated with the particular accident. The main emphasis is on reimbursing the so called ‘out of pocket’ expenses which are done for the medical treatment as well as for the rehabilitation expenses.

·         Pain and suffering

This is the amount of money that you would receive for the pain and the suffering that you were forced to endure as a result of the particular accident. They are commonly called non-pecuniary damages. However, there is a decision of The Supreme Court of Canada which was issued back in 1978 and it capped the maximum amount of the pain and suffering which is now approximately about $340,000 for some of the most severe examples of pain and suffering. That’s something that you Personal Injury Lawyer in Oakville should council you about in advance.

Why Are Victims Liable To Collect Non-Pecuniary Damages?

Almost all injury lawyers are going to be dealing with cases of vehicular accidents. It’s important to understand the exact purpose of this type of law. As per regulations, the intention behind personal injury compensatory claims is to reimburse the victim for the expenses that he has done consequently to the accident. He is also entitled to seek non-pecuniary damages which are most commonly understood as pain and suffering pursuant to the accident. However, there are different things that have to be considered when determining the exact amount of these compensatory claims. Your injuries are stated to  include physical injuries and mental trauma.

Filing for compensation

If your claim is the result of a motor vehicle accident, in order to succeed with the filing for pain and suffering your damages must meet special requirements. Amongst injury lawyers, this term is generally referred to as a “threshold”. The main thing here is that if at any point of the trial the court finds that your particular injuries are not as per the threshold you won’t be entitled to compensatory damages for your pain and suffering. However, in order for you to pass this limit, the injuries which have been sustained in the exact vehicle accident should have resulted in some of the following:

–          Permanent or incredibly serious disfigurement which is most commonly a scar on a visible body part or a lost limb;

–          Permanent or incredibly serious impairment of a mental, psychological or physical quality such as the ability to speak or see;

–          Death

You won’t be entitled to file for pain and suffering unless you meet some of those requirements. Serious and grievous injuries that can alter the course of life are considered. However, there are also some other certain factors that your Injury Lawyer in Oakville should take into proper consideration as they are part of the Ontario legislation regarding personal injury.

Income

It’s important to know that you may be entitled to file for compensatory damages which have resulted in a reduction of your salary. This is generally characterized as a loss of the capacity to earn money. Most commonly a certain type of worker who has gone through an accident won’t be able to exercise the exact working activities that he used to and this would result in a significant reduction of his salary. The difference between what you were earning and what you are going to be earning is your cause for compensatory damages. The threshold does not apply in these cases.

However, your injury lawyer in Oakvilleshould also inform you that as per statutory provisions you won’t be able to receive more than 80% of your net loss of the income. You can receive a 100% of your gross loss after the trial is through but not any sooner than that.