Learning About Personal Injury Law in Ontario

 

Personal injury is used to compensate someone who was injured through no fault of their own. In a world where accidents are common the victim shouldn't be the only who has to suffer when they have been injured. The law allows for someone who's been injured through no fault of their own, to seek compensation from the person or party who caused the injury. Although the accident may be unintentional this does not they are not liable for injuring the other party.

This is the reason why auto insurance is necessary, although no one purposely injures another but you're operating a vehicle which has the potential to do serious damage with a simple mistake, insurance is necessary to cover any cost associated with injuring another person. If a serious injury occurs most people will not be able to cover the cost of the other party's injuries if they didn't have insurance. Accidents and injuries are a rare occurrence based on a sample size, but however this does not mean injuries never occur. If someone is involved in an injury chances are they would not be able to cover the compensation required by the other party to recover and to pay for any expenses associated with the injury, such as compensation for pain and suffering, for loss wages, medical expenses and much more.

 

This also provides an opportunity for personal injury lawyers in Toronto who understand how tort laws work in Ontario, as each province has their own set of laws which govern injury claims. Personal injury lawyers can assist those who have been involved in an injury handle their claims. As often the insurance companies have set compensation amounts that they adhere by when providing compensation to injury victims, each injury is classified as a certain grade of injury and will only be compensated that amount. A personal injury lawyer can look at all the evidence surrounding your injuries and other additional amounts you are entitled to receive as result of your injury. They will analyze your claim and see if there are any future injuries which will need to be taken into consideration, they will also look to see if the current injuries may have enhanced other illnesses or injuries.

 

Dealing with personal injury laws often means someone has been injured as a result of negligence by another party. Often this occurs either accidently or with intent, if it's with intent the other party may also be liable criminally for the injury. The law requires that the injured party be compensated if they have been injured through no fault of their own, this is the reason it's required for all people operating a motor vehicle to have insurance, because motor vehicle accidents can often cause significant health issues for the people involved, if there was no insurance the other party would have to pay significantly out of their own pockets and many times this is impossible for the person to do. Insurance companies would be able to collect smaller fees from an entire population and distribute those fees to the small percentage of people who were involved in an accident. This allows the parties who have been injured to be compensated for their injuries.

 

Once a party has been injured they don't deal with the defendant of the person who has caused the injury, they often need to deal with the insurance company as it's the insurance company who the injured party will have to deal with. Often the injured party will have retained the services of a personal injury lawyer Toronto who specializes in handling various accident claims. The injury lawyer will guide the person involved in the accident through the injury process and will help the victim determine if the compensation they are receiving is appropriate for the injuries sustained. An experienced personal injury lawyer will have many different ways to handle an injury claim, they can choose to settle a case if they believe the maximum benefit for the client has been achieved alternatively they can take case to trial in an attempt to recover more compensation from a client if they believe that fair compensation hasn't been achieved through negotiations.

 

The following is just a sample of a personal injury case and how it is handled for that specific situation, and it is not to be used legal guidelines or references for any case. This is used to show the extent of the injury that someone can suffer as a result of an accident, and an injury lawyers role in helping the victim recover compensation that's fair and reasonable for the injuries sustained.

Personal injury law is a legal term referring to an injury to any part of the body, the mind or one’s emotional state which occurs as a result of negligence of another person or party. Personal injury involves bodily injuries including infliction of emotional distress. It can also be referred to as a tort law which covers all areas related to the damage inflicted on another person, their property including their rights and reputation. Personal accidents can occur at work, on the road, when one slips and falls and many other different scenarios, this can also include medical malpractice, and product defects that people encounter in their daily lives.

 

We shall look at a sample case study to observe how the whole legal system operates, which involves the composition of the judiciary branch, lawyers, and in most situations the involvement of insurance companies and the courts, which come up a fair amount of compensation for someone who is injured physically or emotionally and can also be harmed in any way including defamation. In this particular case therefore, our attention shifts to a case study involving an injured party and an insurance company in Toronto. Thomas who is the plaintiff was involved in a grisly motor vehicle accident in which the other party has admitted liability. In this particular case study, Thomas was involved in a motor accident in 2008. Before that accident, the judge believes that Thomas was of sound health and mind and did not suffer from any chronic illness and did not he have any form of disability. This was corroborated by his injury lawyer together with her medical records and history.

 

In this particular case study therefore, the judge observed that Jerome was actually involved in this grisly accident and suffered very serious injuries which were symptomatic during trial and were very likely to become chronic in over a longer period of time. According to the medical records presented by the personal injury lawyers for accidents states that some of the injuries were so severe that they would continue having a very negative impact on the plaintiff for the rest of his life if not for a very longer period of time. The judge observed that the most unique and serious injury related illness was the heart palpitation which is so severe on the plaintiff that prevents him from doing any active work or even living a normal life since, whenever it occurs, the plaintiff is seriously affected emotionally, psychologically and even physically. In this particular case, the judge decided to award a significant compensation of over a hundred thousand dollars. The court arrived at this figure on the strength of the following facts which were clearly and strongly argued out by the plaintiff’s injury lawyer and strongly supported by authenticated medical records. The evidence presented by his medical records and confirmed by his doctor, established that he was severely injured in the accident and that is what caused all the injuries on him, and his medical history proves that before the accident, he was of sound physical, emotional and psychological health.

 

This was also confirmed by his injury lawyer. The judge observed that he suffered severe soft tissue injuries to the neck, shoulders, arms, lower back and legs. His neck was twisted and has visible accident marks. This resulted in his neck not being able to turn swiftly and has to be supported by a neck support. His shoulders were also affected severely and cannot turn swiftly and are always in pain. His hands cannot grip things tightly nor carry heavy luggage besides being painful most of the time. His lower back also suffers pains at times and cannot bend or stand upright properly. When bending, he experiences severe pains which also occur when he stands upright. His legs broke as a result of the accident and he walks with support of the crutches. He therefore cannot walk faster or even run and he still feels pain occasionally. All the above injuries led to more severe complications such as the chronic whip lush, injury with mechanical pain, myofascial origin involving the right scaleness, trapezium, supraspinatus and the unique rhomboids and the left trapezius, the fevator scapular, the rhomboids, the supraspinatus and the more severe intraspinatus muscles which are very painful and depressing. Besides all the above injuries, the judge also noted that the plaintiff suffered and continues to suffer from mechanical low back pain. This has severely affected her since he cannot bend low, stand upright, or even carry out any tough task.

 

This back pain is always recurrent and at times very severe. He also suffers from frequent sleep disorders and is not able to sleep peacefully most of the time. He has to rely on sleeping pills most of the time which is a very expensive post accident remedy. The judge also observed that the plaintiff suffers from severe post traumatic stress disorder which makes him withdrawn most of the time and less active from his social life. This leads to him being taken through various counseling sessions which are also expensive since these sessions must be frequent. According to the medical records, the plaintiff also suffers from severe depression which leads to other health related complications like severe headache and development of ulcers. This also leads to his incurring extra expenditure in employing a permanent counselor to work on his depression. The most unique and severe illness is the heart palpitations. The judge observed that this is a very serious illness which can and will adversely affect the health of the plaintiff. All the above medical complications according to the judge, has led to the plaintiff requiring a lot of funds, to be able to try and restore his health and prevent any further complications on his delicate health.

 

The judge also observed that before the accident, the plaintiff who was a very active husband and a father of two. He was very energetic, hardworking and active in his employment. Due to the accident, the judge also felt that the extent of his injuries will lead to his continued suffering in future from, pain, depression, sleep disruption, and heart palpitations. He also suffers severely from emotional stress due to his constant sadness and regret that he is not as active as he was prior to the accident and cannot perform his family obligation as actively as he did earlier. The accident has also greatly affected the relationship between him and his family and friends. He feels ashamed and guilty to face all these people due to his condition. The accident has also made him permanently disabled and cannot do any active job. He has been reduced to doing only light jobs of being a supervisor and was only able to a few hours a day, which has severely reduced his income. The injuries also led to his being partially disabled from his housework and all the other physical activities, his enjoyment of all aspects of his social life were completely affected. He can no longer go out with friends or even join them in social gatherings. All these injuries and their effects have literally prevented him from living his usual and full happy,

 prosperous, productive and fulfilling life. He has therefore lost everything in life and hence the award be given to him as an aid is especially needed as he has to continue raising his family and being a husband to his wife.