Common personal injury cases in canada

The Most Common Personal Injury Cases in Canada

Personal injury claims are growing each year in Canada. While most of these cases are focused on motor vehicle accidents, there are other common personal injury claims too. Here are some of the most common personal injury cases in Canada.

Motor Vehicle Collisions

Some of the most common types of car accidents include rear-end collisions, single motor vehicle crashes, turn strikes, angled hits, and sideswipes. Victims of car accidents are by far the biggest group of clients for settlement lenders. Car accidents fit into the larger “personal injury” category, but even in the scope of personal injury, they account for a majority of claims.

Transport Canada cites that rear-end collisions, side-on collisions, and single motor vehicle crashes are the most common types of vehicle collisions on Canadian roads. The highest number of fatalities due to car crashes happened in areas where high-speed limits are common, which includes rural streets. The major source of personal injuries took place on urban streets located in towns and cities.

The plaintiffs of car accidents are individuals hurt in a vehicle collision that was not their fault. Whenever you are involved in an accident and you are not at fault, then you will be able to file a lawsuit and fund it using personal injury loans.

Premises Liability

Premises liability is another main reason that clients need lending services from lawsuit settlement companies. Despite not many people being aware of this type of liability, it continues to be a common form of personal injury. The legal requirements for a premises liability case include the plaintiff’s ability to provide evidence that the defendant acted negligently, thus causing an injury to the plaintiff.

Here are some common premises liability cases that could lead to a plaintiff wanting to file a lawsuit settlement loan:

  • Slip and fall is if a property owner leaves a pothole or any hazardous materials or obstacles on their property that causes someone to slip, trip, or fall. Falls on icy surfaces can also be considered within the slip and fall lawsuit range, where a property owner neglects to clear their walkway and make it safe from hazards.
  • Swimming pool accidents are when the owner of the swimming pool and the property does not sufficiently protect inexperienced swimmers from the deep end of the pool, thus resulting in injury or death to a user of the swimming pool.
  • Dog bites. In this case, the owner of the property has not properly put away their dog, and, as a result, the dog attacks a guest on the property causing bodily injury.

In such cases, the burden of proof will still be the plaintiff’s responsibility. For example, in cases where a person slips and falls on ice, the judge will inquire if there were any warning signs posted in the area, or whether the plaintiff was doing something to prevent them from noticing the hazard, such as being on their cell phone. This is important to remember if you plan on pursuing a personal injury lawsuit.

Assault

A sad fact is that at one point or another in life, many Canadians will have been a victim of assault or know someone who is. Violence can easily occur in any situation. In fact, according to Statistics Canada, there were 1.9 million police-reported Criminal Code incidents in 2017. Between 2016 to 2017, there was also a five percent jump in the overall volume and severity of violent crimes. This suggests that violence and the likelihood of becoming a victim of violence was on the rise.

The most basic definition of assault law is: One person applies force to another person without their consent, directly or indirectly.

Assault is one of the most basic violent offenses in the Criminal Code of Canada. Assault has a wide definition that includes several violent crimes that can lead to an individual being taken to court to have a lawsuit opened against them. Here are some examples of the most common assault charges in Canada:

  • Simple assault: This can range from a small shove to a full blown fight. The simple assault is not usually a part of a personal injury claim.
  • Assault using a weapon: Causing bodily harm by either carrying or threatening another individual with a weapon to intimidate them or causing bodily injury with the weapon.
  • Assault causing bodily harm: The use of physical force that results in physical injury. This can include scratches, cuts, or broken bones.
  • Aggravated assault: A severe type of assault that results in permanent injury, has a life-changing impact, or is life-threatening to the victim.

Wrongful Death

In the worst-case scenario, the death of a loved one can be the result of an accident, negligence, or malpractice. At this time, the last thing on someone’s mind is finding legal representation, although it will likely be necessary at some point.

Under Canadian law, every province governs its own specific definition of wrongful death. In Ontario, a wrongful death lawsuit needs to prove that the victim’s death was the direct result of a deliberate or negligent act of another individual, and not the victim’s actions.

Some common causes of wrongful death include:

In addition, the lawsuit needs to prove that the victim’s death has caused significant loss or damages to the survivors. These are usually financial losses, and they can include:

  • Loss of income that the deceased person would have otherwise provided;
  • Funeral expenses;
  • Medical expenses for the care of the deceased before or after their death; or
  • Loss of income due to emotional distress making the survivor(s) unable to work.

The decision to pursue a wrongful death lawsuit is not an easy one. However, if you or a loved one is going through something like this, it’s important to get help from a law firm that is trustworthy and has a good reputation.

If you or a loved one have experienced any of these personal injury situations, then it’s important to contact the reputable personal injury lawyers at Sommers Roth & Elmaleh right away. Call us at 416-961-1212 or contact us to book a consultation online.

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