Sunday, December 16, 2018

Filing A Personal Injury Claim In Canada


March 24, 2010  

When filing a personal injury claim in Canada, it is basically the same as filing anywhere else with some exception as far as the set procedure. Anytime you are a victim of an accident in Canada, you are entitled to be compensated, and to make a disability claim. They make it fairly easy to do, and when filing, you just need to know about a couple of the key components of the procedure.

There are, of course, different types of accidents, and therefore different types of injuries. You can be involved in car accidents, motorcycle accidents, get injured at work, be involved in an accident as a pedestrian, be hurt due to malpractice, or simply fall and hurt yourself either on public property or private. There are many scenarios where you may need to make claim for a personal injury suit.

One of the top factors to consider when filing a claim in Canada, is the extent of liability. The liability determines what the extent of the fault is. Many times accidents are caused by neglect or recklessness. Whenever this is the case, then the parties who were negligent or reckless, are liable for the damages that were caused as a result of that negligence and/or recklessness.

If proven to be negligent or reckless, then the parties responsible are now liable for making compensation to the injured party. The injured party has filed a claim due to their suffering at the fault of the party that is liable. Then both parties try to defend their positions as to their innocence. It then becomes a matter for the courts.

Now both parties have to prove their case, providing sufficient evidence of their claims. The injured party has to prove they suffered due to the fault of the liable party. If they can prove their case, the liable party will have to compensate them for their suffering. Proof of liability is an important part of the litigation.

Once the injured party has proven the liability of the negligent party, the second part of the equation kicks in. And this is about the amount of compensation that the injured party should receive in relation to their pain and suffering. Their pain can be measured in mental, financial, and physical measures. The party who made the claim need to prove the severity of the damages suffered, and show why it warrants the amount of compensation.

There is a deadline as to how long a party can wait after an accident to file their claim. As a rule, this claim should be made as soon as possible following the happening of the accident. Once the date of expiration has passed, they will have lost their opportunity for pursuing compensation for their injuries. So it is important to file as soon as you feel you should be compensated for damages suffered..

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