Most people are unaware that they are entitled to receive compensation for any injuries sustained in an accident that was not due to their fault. Whether you were in a car accident or slipped and fell in a store due to wet floor or debris on the floor, you become the victim and have the right to claim damages. However, enforcement of your right to seek compensation starts by understanding that hiring an experienced personal injury lawyer in Vaughan is imperative to your case.
To begin with, you will need to prove that the defendant was negligent or careless which was the reason for the accident and your injuries. Proving negligence is based on the premise that the defendant had the duty to act with care and stay alert so that there is no harm to others. As the plaintiff or the lawyer representing his or her rights, these are the ways to prove negligence and get compensation for the damages:
• Injuries endured by the plaintiff
• Proving injuries were due to the accident or conduct of the at-fault party
• Breach of Duty of care by the defendant
All of the evidence which is required to prove negligence is based on the specific case. You are eligible to file a lawsuit for personal injury, if you are involved in:
• Medical malpractice
• Car or motorcycle accident
• Product liability
• Dog bites
• Slip and fall cases
Oftentimes, these are serious accidents and leave the victims injured with short- or long-term disabilities, orthopedic injuries, brain and spinal injuries. If the responsible party is held liable based on the proof, then the victim or the plaintiff becomes eligible for compensation.
Entitled Damages
Apart from physical injuries, even psychological trauma and mental injuries are considered for compensation and included in damages. Post-traumatic stress disorder is one of such conditions. Any and all of the damages that are awarded after settlement are meant to make you live as before. The compensation that you get includes to cover:
• Medical expenses including hospital bills, rehab and future surgeries, if needed
• Pain and suffering
• Lost wages including future prospects and earnings
• Disability
However, there is a maximum limit on the amount of compensation that you are eligible in Ontario and that is $366,000. Most of the accident related claims are handled under the no-fault insurance, but that does not include pain and suffering as damages. Although you have a right to file a case for pain and suffering if you have been hurt badly in an accident, it helps to have a lawyer represent your case. They will not only be able to negotiate a settlement but take care, if the case goes to trial.