Personal injury claims in Ontario encompass a wide range of incidents. What’s common in all of them is that a person is injured due to someone else’s negligence or recklessness. Personal injury claims are designed to compensate the victim for their pain and suffering, as well as financial losses, which can include medical expenses and lost income.
However, many victims in Ontario don’t approach personal injury lawyers because they are unaware of the process and how to acquire compensation. In this blog, we look at some of the most common types of personal injury cases for a deeper understanding.
Understanding Personal Injury Claims
A personal injury occurs when a person suffers injuries due to someone’s actions or failure to do something. It can be caused by an individual, an organization, or a municipality.
The Importance of Reaching Out to Personal Injury Lawyers
Injuries can be serious, causing severe physical pain and emotional anguish. Often, recovery and rehabilitation can take months or even years, which is why receiving adequate compensation for injuries is vital for both victims and their families.
The Role of a Personal Injury Attorney
One of the roles of a personal injury attorney is ensuring the victim receives compensation for their injuries and losses, which includes advocating for:
- Benefits – Certain types of accidents, such as car accidents and workplace accidents, provide victims with compensation to cover treatment and medical expenses.
- Insurance – The insurance coverage of the party responsible for the accident may compensate the victim, or the victim may have insurance themselves that covers some of their losses.
- Personal Injury Lawsuit – A lawsuit allows the victim to claim damages for their injuries, if they are not adequately compensated by insurance. Moreover, personal injury claims allow victims to claim various elements, such as loss of income and home modifications.
Importance of Legal Representation for Accident Victims
Many personal injury cases can be settled before they reach the courtroom. However, whether the case is resolved through settlement or by trial, preparing and advancing a strong claim is extremely important.
Types of Personal Injury Cases
There is no exact definition of a personal injury, which is why there isn’t an exhaustive list of personal injury accidents that can occur. However, some of the most common types of personal injury cases arise from:
- Car Accidents
Car accidents are among the most common causes of personal injury claims in Ontario. Transport Canada reports that over 70,000 car accidents happen in the province every year. About one in seven such accidents lead to loss of life or serious injuries.
Car accidents can involve collisions between cars, SUVs, pick-up trucks, articulated lorries, and other vehicles. Accident victims are eligible to receive accident benefits in the immediate aftermath of the accident, and they can pursue more adequate compensation from insurance companies and personal injury lawsuits. Accident benefits are available to all those injured in the accident, regardless of fault.
- Motorcycle Accidents
Ontario Provincial Police investigates over 300 motorcycle accidents that cause severe injuries or death every year. Motorcycling accident injuries can range from road rash to spinal injuries and often require extensive medical treatment. Just like car accidents, motorcyclists are entitled to receive accident benefits after the accident.
- Pedestrian Accidents
Pedestrian accidents occur when vehicles strike people walking on the road or sidewalks. This can occur when someone is crossing the street at a marked crossing or if someone is jaywalking. Pedestrian accidents involving motor vehicles can cause severe harm, which is why Toronto instituted the Vision Zero program, which aimed to reduce the number of pedestrian deaths and serious injuries.
- Premises Liability (Occupier’s Liability)
Premises liability claims involve people suffering injuries on someone else’s property. The property can be a commercial setting, such as a store or restaurant, a private residence, a subway station, or even municipal property. The property owner or property manager is referred to as the occupier; they are responsible for maintaining a property and provide a safe environment for people.
- Slip and Fall Cases
Slip and fall claims are a type of premises liability case that occurs when a person suffers injuries due to hazardous conditions on a property, such as wet floors, broken stairs, or icy sidewalks. Property owners have a duty to maintain safe walking conditions for all those on their property. Slip and fall compensation can be claimed in commercial, residential, and municipal settings.
- Medical Malpractice
Medical malpractice claims involve negligence by healthcare professionals. This can result from surgical errors, misdiagnosis, or medication mistakes. Device failures, such as the recent hernia mesh class action, can also bring medical professionals and pharmaceutical companies into lawsuits. Establishing medical malpractice is a complex task, especially since the healthcare system can become opaque for victims. That’s why working with experienced personal injury lawyers is extremely important.
- Workplace Accidents
Workplace accident claims cover injuries sustained on the job. These can occur due to unsafe working conditions, lack of safety equipment, and employer negligence. Depending on the nature of employment, employees may have to file for workers’ compensation through the Workplace Safety and Insurance Board (WSIB). In some cases, employees can pursue additional claims for employer negligence.
- Bicycling Accidents
Bicycling accidents can involve collisions with vehicles, falls due to hazards, and even accidents due to defective equipment. Victims can claim compensation for injuries even for bicycling accidents during sport, such as at off-road courses.
- Long-Term Care and Nursing Home Injuries
Long-term care and nursing home injury claims involve harm to elderly or vulnerable individuals due to neglect or abuse. Establishing liability may require demonstrating that the facility or staff failed to protect residents’ physical and mental well-being. The Ontario Court of Appeal recently allowed a class action lawsuit over long-term care homes’ response to COVID-19 to proceed.
- Boating Accidents
Over 12 million Canadians go boating every year, making it one of the most popular pastimes in the country. Boating accidents can occur due to collisions between boats, capsizing, and swimming and sporting accidents. These claims often result from operator negligence, equipment failure, or inadequate safety measures.
- Dog Bites
Dog bites can lead to serious injuries, including puncture wounds, infections, and emotional trauma. In fact, dog bites are more common than one might think. There are over 500,000 dog bites reported in Canada each year, resulting in an average of two fatalities. It’s why Ontario dog owners are held liable for injuries caused by their pets.
You Are Entitled to Compensation for Your Injuries
One of the most significant challenges with receiving the compensation you are owed is knowing when to approach a lawyer. It’s not immediately obvious what constitutes a serious injury. That’s why we offer a complimentary initial consultation that allows victims and their families to understand their options before committing to legal representation for accident victims.
Reach out to us today and talk to our experienced personal injury lawyer at LCW for legal assistance.