Tag archives: Damages

What damages are recoverable in a personal injury claim

#AskCoreySax Whether you are injured in a car crash or by slipping and falling on debris left on the floor while shopping at your local grocery store, you could have the right to recover damages as compensation for your injuries. Protecting and enforcing your right to be compensated starts by having a clear understanding of your rights and obtaining the services of an experienced personal injury lawyer to assist you. Proving negligence Unless you were injured in a motor vehicle accident subject to Ontario no-fault law, personal injury claims require proof that another party’s negligence caused the accident. Negligence is ... Read more

Don’t make these mistakes after an accident

Waiting until being involved in a car accident to think about what needs to be done is a mistake many people make. What they do not understand is that more almost 170,000 people are injured and nearly 1,900 are killed in vehicle collisions each year. Accidents are traumatic, unnerving experiences that happen in a matter of seconds. It is difficult when you are dazed and confused and suffering from an injury to know what you need to do to comply with the law and to ensure that your right to sue the negligent party responsible for causing the accident for compensation is ... Read more

Pain and Suffering Compensation in Ontario

#AskSimonDiamond When an accident victim meets with a Toronto lawyer to talk about filing a claim for compensation, a topic that must be touched upon is the difference between pain and suffering awards in the U.S. and Canada. News stories about multimillion dollar awards for pain and suffering in the U.S. simply do not happen in Canada. Actually, to be more accurate, they cannot happen because of a series of court decisions by the Supreme Court of Canada that have come to be known collectively as “the trilogy.” Tort law and compensating victims A tort is a wrongful act or ... Read more

Ontario Courts Awarding Damages in Mental Anguish Lawsuits

#AskIsaacZisckind Suffering a broken leg or serious lacerations because of someone’s negligent or willful conduct are the types of injuries most people think of when discussing personal injury lawsuits. Proving the existence and extent of a physical injury can be accomplished through an X-ray or simply by looking at the injury. Lawsuits for mental anguish or mental distress seek compensation for injuries that are very real and troublesome to the individual suffering from them, but they can be difficult to prove in court. What is a mental anguish lawsuit? Mental anguish lawsuits seek damages for the pain and suffering resulting ... Read more

Suing For Injuries Suffered By Members of Your Family

#AskMichaelBlois People generally associate a personal injury lawsuit with a claim filed on behalf of a person injured or killed in an accident caused by the negligence or carelessness of another person. If the victim is a member of your family, you might be able to file your own claim for damages under Ontario law. Ontario Family Law Act Certain members of the family of a person killed or injured in an accident may be entitled to sue for damages under the Family Law Act in Ontario. The law gives the following dependents of an accident victim the right to sue: ... Read more