Legal

Important Facts About Injury Law in Canada

Injury law refers to the law made for people to go to civil court and get a claim for losses related to accidents or incidents that can physically or psychologically hurt a person. The law ensures that a person who has been harmed due to someone else’s carelessness can be legally compensated after the accident. Car accident law in Canada ensures that the persons involved know about their rights and responsibilities.

What Situations Does This Law Apply to?

The law focuses on a variety of cases of accidents and harmful incidents. This law applies to a different set of cases, such as:

Accidents

In this scenario, someone acts carelessly and causes harm to the other person. That person can claim compensation or can ask for legal actions with the help of Injury Law. Car accidents, motorbike accidents, slip and fall, medical malpractice, and many other accidental situations fall into this category.

Intentional Acts

Situations like intentional torts, assault, and the battery can be examples of intentional acts done by someone that harms another person.

Defective products

The law provides service to a person who has been harmed by a defective product as well. For example, a pharmaceutical store prescribing harmful drugs or mobile companies selling defected mobiles can cause harm to their customers, and customers can issue legal claims

Defamation

If one person’s statement causes harm to another person’s reputation, that incident is also applicable in this law.

What is the Variety of Laws Included in the Injury Law?

It is also known as “Tort Law.” The word “Tort” means wrong that comes from the Latin word “Tortus.” In Canada, the tort is the body law that allows a person to claim compensation for his/her injury from the person who caused the injury. Here is a list of varieties of tort law in Canada:

Physical or Psychological Injuries

  • Motorcycle accidents
  • Car accidents
  • Negligence of school boards
  • Catastrophic loss claims
  • Occupier’s liability claims
  • Fatal accidents
  • Pedestrian accidents
  • Slip, trip and fall

Malpractice

Both medical and professional malpractices can cause permanent disabilities for a person, which is either physically or financially. This applies to lawyers who are contracted to work honestly and legally but end up misusing the power for greed and causing harm to his/her clients.

  • Erroneous tax preparation by accountants
  • Faulty planning by architects
  • Malicious intention
  • Criminal negligence
  • Negligence of doctors
  • Intentional distress
  • Product liability
  • Disability claims from insurance companies

Toxic Torts

Injuries caused by advanced chemical sources can also be claimed for compensation under this law. Claimers can achieve the maximum settlement amount by paying minimal money in the legal procedure against toxic torts. Following are the toxic torts that have proved harmful to human health:

  • Lead-based paints that damage the brain of children
  • Asbestos, which can cause cancer
  • Dioxin and DDT type pesticides that can cause birth injuries
  • Drugs and pharmaceuticals
  • Industrial chemicals such as benzene and PCB

How Do Injury Laws Work?

There are common and standard steps by which the injury laws are upheld in the court.

An Injury Act Is Performed

The accused or the defender acts in a harmful way against the plaintiff. The situation can be any of the scenarios mentioned above.

The Plaintiff Files a Case in the Court

In this step, with the help of lawyers, the plaintiff determines the breaching of law by the defender. So the plaintiff files a case under the injury law of Canada.

Court Hearings and Settlement

Finally, as everyone understands that the defendant or the accused has breached the law, the filed case goes to the court in front of the judges. Although, before that, the plaintiff can be asked to settle the issue outside court through financial compensation from the defendant or the insurance company, in most cases, a personal injury lawsuit is filed, and judges decide on the verdict after hearing both sides’ argument.

Conclusion

The injury laws of Canada have been developed after considering different scenarios. Still, now, the law keeps on updating and generating new scenarios for a better settlement of the victims’ claim. It aims to serve any given situation better to ensure the best judgment for the injured people.

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