personal injury
📖 O que é personal injury? Significado e conceito
In Canada, a personal injury claim typically involves seeking compensation for damages, such as medical expenses and pain and suffering, that arise from an injury. For example, a person who suffered burns to their hand due to an incident might claim damages for their medical costs and the pain endured. The court or tribunal will assess whether the party accused of causing the injury is responsible.
When a personal injury claim is successful, the injured party may be awarded damages. However, certain types of damages, like non-pecuniary damages (pain and suffering), might not be eligible for pre-judgment interest under specific laws. The court will also consider whether the injury is classified as 'minor,' which can affect the types of damages or the process for determining compensation.
The process often involves the injured party presenting evidence of their injuries and how these injuries impact their daily life, such as their ability to perform routine activities like preparing meals or doing housework. The court or tribunal will then make a determination based on the evidence provided, deciding whether the injury was proven and if the other party is liable for the damages claimed.
📋 Requisitos
- The applicant must have suffered an injury.
- The applicant must prove that the respondent is responsible for their injuries.
- The applicant must provide evidence of ongoing impairments if claiming a non-minor injury.
📝 Procedimento
- The injured party files a claim for damages, including medical expenses and pain and suffering.
- The respondent acknowledges or disputes responsibility for the injuries.
- The court or tribunal hears evidence from both parties regarding the injury and its impact.
- The court or tribunal determines whether the injury is minor or non-minor.
- The court or tribunal issues a decision, including any awarded damages and costs.
💡 Exemplos
- A person claims $5,000 in damages for medical expenses and pain and suffering after burning their hand while serving oatmeal in a cafeteria.
- A claimant proves they suffered soft tissue injuries from an accident but fails to prove ongoing impairments to their neck, shoulder, or mid-back.
- A person claims chronic pain prevents them from doing activities of daily living like yardwork, vacuuming, and cleaning bathrooms due to lower back pain and stiffness.
📚 Base legal
- Court Order Interest Act
- IVA section 101(1)
- MIR section 5
❓ Perguntas frequentes
What kind of damages can I claim for a personal injury?
You can typically claim damages for medical expenses and for pain and suffering. However, certain types of damages, such as non-pecuniary damages (pain and suffering), might not be eligible for pre-judgment interest.
What does it mean if my injury is considered 'minor'?
If your injury is deemed 'minor,' it can affect the types of damages you can claim or how your compensation is determined. The court or tribunal will assess each injury separately if you have more than one from an accident.
Do I need to prove ongoing problems from my injury?
Yes, if you are claiming a non-minor injury, you generally need to prove ongoing impairments. For example, if you claim soft tissue injuries, you would need to show how they continue to affect you.
What are 'activities of daily living' in a personal injury claim?
Activities of daily living include everyday tasks such as preparing meals, shopping, performing personal hygiene, and doing housework. Your inability to perform these due to an injury can be part of your claim.
Can I get reimbursed for legal fees if I win my personal injury case?
Generally, an unsuccessful party may be ordered to reimburse a successful party for court fees and reasonable dispute-related expenses. However, legal fees not directly related to the specific court proceeding might not be considered dispute-related expenses.
What if the other party acknowledges my injury but denies responsibility?
If the other party acknowledges your injury but denies responsibility, the tribunal will then need to determine whether they are indeed responsible for your injuries based on the evidence presented by both sides.