Dealing with the injuries sustained in an accident is tough enough. Add to that the complexities of a personal injury law in Ontario and life becomes even more difficult. To begin your legal process—alongside your healing process—we’ve put together a list of what you need to know about personal injury law in Ontario—from your experts in personal injury lawyer in Whitby & Oshawa.
Determining Viability
When assessing personal injury and the viability of a personal injury lawsuit in Ontario it must be determined who is liable for your injuries. Liable parties can be an individual or group of people, a business, corporation or governmental body. To determine that they are indeed responsible for your injuries you need to meet the burden of proof that they failed in their obligation of safety to you or to the general public. Failure to meet their obligation of safety to the public includes maintaining indoor and outdoor public and private spaces to a safe standard.
Proving your Personal Injury Case
As a claimant it is your duty to prove that the other party is legally responsible for your injury due to some form of negligent (or intentional) behaviour. This negligent or intentional behaviour needs to prove that they failed to meet a legal obligation for safety in order to hold them responsible for the injury/injuries in question.
Intentional injury cases occur when someone injures you with malice forethought. The most common types of intentional injury cases, called “intentional tort” are assaults. Generally these cases are a criminal matter and are pursued in criminal court, but many launch a personal injury case in Ontario to cover the costs of recovery and for pain and suffering.
Personal injury law in Ontario cases of negligence result from a personal, business, corporation or government body failing to met their civic duty of exercising reasonable care to ensure their intentional actions do not put others in danger. For example, drivers can be found at-fault for an accident if they are found being unreasonably careless, as can homeowners who invite others over but do not provide a safe environment. This applies for businesses, corporations and governments as well.
What Do I Do Now?
If you have experienced personal injury through the intentional or negligent behaviour of another party contact us here at Conte & Associates—your personal injury lawyers in Whitby & Oshawa. We can offer you a free consultation regarding your case and expert advice on how best to proceed.
