Car Accident Lawyers – Injury Compensation Claims
Our specialist car accident lawyers deal with compensation claims for serious, catastrophic and multiple injuries relating to motor vehicle collisions where a third party was responsible in negligence for causing the accident. Our car accident lawyers provide nationwide representation and offer a free telephone consultation to determine liability and establish the value of a potential claim with no further obligation. Much of Canada operates a no fault insurance scheme and whilst you may be entitled to basic statutory benefits, the amount and cover is limited and does not provide adequate recompense for those suffering from more serious injuries which requires separate legal action in order to procure the full compensation to which you may be entitled and which the innocent victim of a motor vehicle accident deserves.
Negligence
In order for our car accident lawyers to claim compensation, over and above the capped statutory no fault figure, it is necessary for there to be a relatively serious injury and for the victim to be in a position to show that a third party driver is to blame for causing the accident. This concept requires your car accident lawyer to be in a position to prove that the other driver was negligent. There are many definitions of negligence but in its most simple form it means a failure to take reasonable care. The classic legal definition is as follows :-
“Negligence is the omission to do something
which a reasonable man, guided upon those
considerations which ordinarily regulate the
conduct of human affairs, would do, or doing
something which a prudent and reasonable man
would not do.”
Contributory Negligence
The fact that you may have been partly to blame for the accident and a degree of negligence is attributed to both parties in a vehicle collision does not preclude you from claiming compensation. Once blame has been apportioned between those involved, the doctrine of ‘contributory negligence’ ensures that you will be able to claim compensation against the third party driver based on a full liability award reduced by the percentage that you have been held to blame.
Passengers
There is a common misconception that a passenger cannot claim against the negligent driver of the vehicle in which they were travelling but this is simply not true. A passenger can claim against any negligent driver involved in the collision. One spouse can sue the other, a child can sue a parent and it’s usually the insurers that pick up the bill for the compensation award.
Damages
Compensation awards in Canada include damages payments for both physical injury and associated psychological trauma, together with costs, expenses and losses that have already been incurred or that will probably be incurred in the future. Damages claimed by car accident lawyers are divided into two distinct categories being based either on calculation or on assessment :-
General Damages
This category represents compensation for items are not capable of exact quantification and require assessment including pain and suffering for physical injury and any associated psychological trauma together with compensation for loss of lifestyle and other relevant claims.
Special Damages
This category represents compensation for items are capable of exact quantification and do not require assessment including :-
- loss of past & future earnings
- vehicle & personal property damage
- vehicle rental & insurance deductible
- cost of adapted transport or living accommodation
- cost of home care & family care expenses
- general expenses and losses
Time Limits
The time limit for stating legal action in Canada is governed by State law known as a statute of limitation. The expiry of the time limit generally prevents a car accident lawyer from issuing legal proceedings for negligence and whilst there are some exceptions to the general rule for minors and the mentally impaired, the time limits are strictly enforced by the court which rarely exercises any discretion that may be available. Time usually starts running from the date of the incident that caused the injury or from the date that the injury was discovered or from the date that the full facts including the identity of the third party were established. Limitation law is particularly complex and full of pitfalls for the unwary. Anyone who has been involved in a motor vehicle accident and wishes to claim compensation for personal injury should see a car accident lawyer without delay otherwise the opportunity to claim compensation may be lost forever.
Legal Charges
Our car accident lawyers do not charge any up-front fees – our legal costs are payable only when you receive your award of compensation. We don’t get paid until you get paid. We make motor vehicle accident claims risk free, leaving you to concentrate on your recovery, while we get you the injury compensation that you rightfully deserve.