The first thing that is analyzed in a personal injury case is the actions of everyone involved, to determine who is the culprit and who is the victim. However, compensation does not depend solely on the actions of those involved, but also on the intention of the people involved, especially the abuser. This article will expand on this topic a bit more.

WHAT IS THE INTENTION IN A PERSONAL INJURY CASE?

According to the Merriam-Webster dictionary, the intention is the “determination to act in a certain way”, and according to another, it is the “idea that is pursued with a certain action or behavior”. This means that the intention leads people to commit actions.

The intention or motivation of those involved is an important factor in a personal injury case as it helps to measure something that in the law is called “malice.”

DIFFERENCE BETWEEN MALICIOUS AND UNINTENTIONAL INJURIES, AND HOW THEY AFFECT COMPENSATION

Malice is the evil intention with which someone executes an action against another person. In contrast, accidental personal injuries are those caused unintentionally; “without meaning to harm”. Intentional injuries receive greater compensation than accidental ones. To better understand the difference, let’s look at an example:

Suppose a very stressed man is driving his car. Due to stress, he does not realize that a girl is coming on a bicycle and ends up crashing his car against her. Would the girl’s injuries be malicious or accidental? Did the man intend to harm the girl? No. For this reason, this is an accidental personal injury case.

A completely different thing would be a man who deliberately smashed his car into another person simply out of hatred. In the latter case, the man intended to hurt other people and must pay for it.

In both cases, the offender must pay for the damages incurred (including personal injury), but the man who hurt others of his own accord must pay greater compensation.

FOR THE LAW IN CANADA, INTENTION IS WHAT COUNTS

Personal injury cases are (usually) civil cases, but referring to other parts of the law always helps to understand the extent of the damage and achieve justice. For example, the Canadian Criminal Code in article 21 says:

“(1) Every one is a party to an offense who […] (c) abets any person in committing it.”

It also says that it is punishable when “two or more persons form an intention in common to carry out an unlawful purpose”.

Both legal bases support the relevance of the intention. Even the law itself states that people could be liable if they had the intention and motivated others to commit a crime in which they were never participants.

RICHMOND HILL PERSONAL INJURY LAWYERS UPHOLD FOR JUSTICE

Justice is equivalence; balance. If someone has committed an offense against someone else with the intention of hurting them, they must pay more compensation.

Legal professionals in the area, namely Richmond Hill personal injury lawyers are trained to prove the intent of the assailants and obtain reasonable compensation.

Regardless of the aggressor’s intention, the lawyer’s motivation is always to get justice.

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