Personal injury law allows injured individuals to file a civil lawsuit in court and get legal claims for all losses due to the accident or other injuries. It will enable the injured person to be financially compensated after they’ve suffered from another person’s intentional or negligent action. Lawyers may focus on different areas, making it difficult for victims to find the right lawyer to represent them for a particular kind of case.
Personal injury law also protects individuals from injuries that may result from another person’s or party’s intentional act, malpractice, or negligence. It may include:
- A person’s property (vehicle or home) damaged by another person’s car
- A child injured due to an insufficiently designed car seat
- An injured driver and/ or passenger/s due to another’s failure to obey the traffic law and signs
Understanding Personal Injury Cases in Cobourg
There are different situations where personal injury law is helpful:
Accidents
Personal injury law is helpful in situations where someone acts recklessly and negligently, harming another person. Examples may include medical malpractice, slip and fall accidents, car accidents, and other kinds of cases. It would help if you consulted a personal injury lawyer in Cobourg for more.
Intentional Acts
Personal injury law is helpful in situations where a defendant’s conduct harms another person. Examples of this may include battery, assault, and other forms of intentional acts.
Defective Products
Individuals harmed by using defective products can also file a product liability claim against the manufacturer. It may include pharmaceutical or medical devices, consumer products, vehicle components and parts, and other unreasonably dangerous and defective products.
Defamation
Personal injury law applies when one person’s defamatory statement harms another individual.
Most Common Types of Personal Injury Cases
You have the civil right to seek legal compensation from the responsible party if you get injured due to their negligence. There are different classifications of personal injury cases, ranging from defective products to dog bites. Here’s a list of the cases that a Cobourg lawyer can help you with:
Car and Motor Vehicle Accidents
Motor accidents are one of the causes of personal injury cases. Typically, it occurs when a driver is not following the law or neglecting the proper precautions while driving a motor vehicle. If you or a relative gets hurt because of a negligent driver, you can talk to a lawyer to hold that person legally and financially responsible.
Slip and Falls
Establishments should make their premises safe and secure to avoid slip and fall accidents. If they can’t do that and you get injured due to a hazard they neglected or caused, you can file a compensation claim.
Brain Injury
Brain injuries may refer to one of the most overwhelming and catastrophic injuries you can get from a work-related accident, motorcycle accident, and car accident. In addition, the damaging aspects of this injury can be challenging because it’s difficult to find a doctor to diagnose a brain injury.
Work-Related Injuries
When someone suffers from work-related injuries, they can’t file a claim against their employer. Instead, they can file a claim under the Workers’ Compensation Act. It requires employers to provide benefits to an injured worker, including a lump-sum payment and medical treatment. Both will compensate for their injuries. Each state has its workers’ compensation guidelines with different restrictions. Talk to a lawyer.
Wrongful Death
Wrongful deaths refer to deaths that occur due to another individual’s intentional or negligent action. Then, a child, surviving spouse, or another relative file for a personal injury claim to be beneficiaries of the deceased’s estate. Wrongful death also allows you to file a claim for damages different from those available when an individual suffers from non-fatal injuries.
Animal and Dog Bites
Dog owners are financially liable for bites and other injuries caused by their pets. However, the law differs from state to state. Often, the state may have imposed a strict liability rule where the owner is responsible for dog bite damages even if their pets have never shown a propensity to bite and aggression. In other states, a “one bite” rule exists where owners only become responsible for personal injury damage once there’s a sign their pets are prone to biting and aggression.
Long-Term Disability
Your emotional anguish and physical pain associated with a long-term disability are some of the most crucial factors to consider. Unfortunately, the disability itself isn’t the only thing that the victim has to consider. It could mean that they can’t work for a while or the rest of their life.
Birth Injuries
Birth injuries may lead to fetal distress, breech delivery, and delayed cesarean sections. Medical practitioners could have avoided these with the right medical care. Proper planning and monitoring can help minimize the risks of birth injuries, but if it has already occurred and negatively affected your child, you can file a lawsuit. Injuries to the brain cells from the lack of oxygen, torn facial nerves from forceps, brain swelling, Erb’s palsy, cerebral palsy, collar bone fractures, bleeding in the brain, seizures, stillbirths, mental retardation, skull fractures, and Autism are some of the expected results of birth injuries.
Types of Damages in a Personal Injury Claim
If you’ve suffered from property damage, an injury, or other kinds of loss, you can file for compensation from the parties who contributed or caused these losses. Lawyers call these “damages.” It’s also classified into punitive and compensatory damages.
Compensatory damages have a broad scope, but they’re broken down into special or general damages. It seeks to compensate or reimburse an injured party for the losses that they have suffered. It’s also applicable in all injury cases, including slip and fall claims, medical malpractice, or auto accidents. It can also be helpful in wrongful death claims, but the damages available in these cases aren’t found elsewhere. Hence, they’re often unique.
Let’s take a look at the different kinds of compensation available to a plaintiff.
Special Compensatory Damages
Special damages compensate for monetary expenses incurred due to an injury. Often, they’re unique to the victim and significantly differ from one party to another. You can file for special damages to compensate for lost income or medical expenses due to the accident that caused your injury.
It can also cover any loss or expense related to your injury. It doesn’t limit the amount an injured party can claim or the kind of claims you can make. You can claim for:
- Costs associated with altered plans or canceled trips
- Household expenses
- Costs of future medical care
- Medical bills
- Loss of future earnings, and
- Loss of earnings
General Compensatory Damages
General damages pay the injured party for non-monetary damages incurred due to an injury. Lawyers call them general damages because they address the suffering due to an injury. You’re expected to have at least some general damages, including:
- Loss of companionship or consortium
- Mental distress
- Pain and suffering
Punitive damages are only helpful in a few cases. It does not apply to the kind of injury you got but helps punish the responsible party for certain types of negligent and reckless behavior. Both punitive and compensatory damages are helpful to the plaintiff or injured party.
If you’re in Cobourg and looking for a personal injury lawyer that will help protect your rights, get in touch with Diamond & Diamond Law today! Dial 1-800-567-HURT to avail of our FREE case evaluation.
Picking the right lawyer for your case will ensure that you get the maximum compensation for your claim.
Pro Tip
Get Help From A Personal Injury Lawyer in Cobourg
If you get injured in a slip and fall or motor vehicle accident, you can seek the assistance of a personal injury lawyer. Get in touch with Diamond & Diamond Law today to get a FREE consultation.
We, at Diamond & Diamond Law, want to help protect your rights. We always strive to understand our clients and explain the litigation process to best address your queries.
Our team of personal injury lawyers is available to answer questions or to provide a free consultation. We also offer services in many locations across Ontario. If you need a personal injury lawyer, contact Diamond & Diamond today!
