How Do I Know If I Have A Personal Injury Case?

After an accident or injury, you may be unaware of your rights regarding compensation.

If someone else’s negligence caused your injury, you could be entitled to compensation that can help you recover financially, physically, and emotionally.

Compensation amounts vary depending on the strength of your case, type of injury, and a few other factors, according to the Ministry of the Attorney General. However, it is important to speak with personal injury lawyers in Toronto to have your claim assessed and ensure it meets the proper criteria for filing.

3 Questions You Must Ask To File A Personal Injury Claim

Car accident lawyers will evaluate your case for three critical factors: injury, negligence, and damages. They will also refer to the Rules of Civil Procedure to ensure your case meets all criteria needed to file a claim with the courts.

1. Negligence: Who Was Responsible For Your Injury?

To have a valid personal injury claim, you must first show that someone acted negligently and was responsible for your injuries. A person’s willful misconduct can also qualify for a personal injury claim.

Sometimes you can point to an action or event that led to the injury. For example, you were in a car accident, and you know who caused the crash; therefore, you know who is responsible.

Other times it is an issue of liability. For example, you are injured by a defective product. While you cannot pinpoint the specific event, you know that the product caused your injury.

After any accident, it may be in your best interest to speak with an injury lawyer in Toronto. A lawyer can assess your case and help determine if negligence played a role and if there is a responsible party (or parties) to hold accountable.

2. Injury: What Is the Type of Injury and How Severe is it?

A personal injury case cannot exist without an applicable injury. If you did not suffer an injury, it does not matter if the person acted negligently.

Injuries come in many forms, and no one type of injury qualifies. You could suffer from a physical injury (i.e. brain trauma, broken bones, lacerations, etc.) or you could suffer from emotional trauma (i.e. post-traumatic stress, pain, and suffering, a diminished quality of life, anxiety, insomnia, etc.).

There must be a documented and diagnosed injury that is directly associated with the accident. If you suffered an unrelated injury later on, this does not qualify for a claim.

3. Damages: What Financial Losses Did You Suffer?

Most importantly, a personal injury lawyer in Toronto will assess your case for damages. These are recoverable amounts that your lawyer can request from the defendant.

Damages include items like medical costs, lost wages, disability, disfigurement, etc. Most are easily established by showing documentation, while others will require stronger evidence (i.e. medical records, witness testimony, and your account of your injuries).

Finding Personal Injury Lawyers In Toronto For Your Case

After an accident, do not assume you do not have a claim. Even minor injuries can qualify for compensation.

Equally, never assume that you have a case without first speaking to a lawyer.

Because there is a strict statute of limitations, you must speak with a lawyer as soon as possible to ensure your case does not expire.

An experienced personal injury lawyer can assess your injuries, damages, and the type of negligence involved to bring a compelling claim to the court on your behalf.

If you have been seriously injured in an accident, contact the injury lawyers at Horlick Levitt Di Lella LLP. Call us at 416-512-7440 or contact us online for more information.