Have you or a loved one been involved in a car accident, slip and fall or other personal injury in Nova Scotia? You may be eligible to receive compensation for your losses under the law from the erring party and their insurance companies. That may include actual economic losses like medical bills or loss of income and non-economic damages like pain and suffering.
Personal injury firms specialize in protecting the interests of the innocent. In most cases, personal injuries result from accidents, meaning there was no intent to harm. However, the at-fault party must still bear responsibility for the consequences of their actions. Tort laws aim to make accident victims of such life-changing accidents whole again. Diamond & Diamond provides the legal path to justice, helping you get the compensation you deserve.
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Diamond & Diamond Lawyers began like any other law firm in Canada—a small outfit with limited clientele. Starting in 2012, the law firm spread rapidly across all of Canada and part of the US (with an office in Nova Scotia), quickly garnering awards and advocating for thousands of people.
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Grounds for Personal Injury Claims
When seeking fair compensation for your injuries in Nova Scotia, you need legal representation to determine valid grounds. There are three that may provide a basis for a personal injury payout.
Negligence
Most personal injury cases use negligence as the basis for a claim. A party is negligent when they fail to act reasonably or exercise due diligence to prevent harm to others. Any action or inaction that causes an incident leading to injury or wrongful death may provide you with a valid compensation claim.
Reckless or distracted driving is an example of a negligent act leading to catastrophic injury. Boating accidents caused by an operator under the influence of alcohol are also negligence.
Liability
Liability as grounds for a personal injury claim refers to the extraordinary responsibility of specific parties to ensure no harm to others. An example of this is product liability, where manufacturers are responsible for any injury resulting from the consumption of their product. Product liability does not require the plaintiff to prove intent and is often the subject of class actions.
Deliberate actions
You may also seek compensation for injuries or losses from an intentional act. These include vandalism, unwanted physical contact, false imprisonment, assault, and battery. Defamation also falls under intentional torts. A car ramming into a cyclist in a bike lane may be purposeful. However, proving that the defendant meant to cause harm by their action or inaction may be challenging.
What qualifies as a personal injury claim in Nova Scotia?
Negligent or tortious acts may lead to motor vehicle accidents, medical malpractice, birth injuries, slip-and-fall accidents, and product defects. Whenever these acts result in serious injury, they can lead to civil actions. Motorcycle accidents, in particular, can cause the most horrendous injuries.
Injuries that might qualify for a personal injury lawsuit range from physical to psychological. Physical injuries include broken bones, whiplash, spinal cord injuries, or soft tissue damage. Psychological damage includes traumatic brain injury leading to memory loss or cognitive dysfunction.
Proving fault
However, not all accidents or injuries qualify for civil action. You must prove liability by determining the following elements:
- The party causing the injury owed you a duty of care or required by law to act reasonably to prevent harm.
- The party causing the injury breached their duty of care or acted unreasonably, causing harm.
- The breach of duty or unreasonable act is the direct cause of the injury.
The most confusing issue for most people is the concept of duty of care. An individual or entity may have a duty of care to others even if there is no pre-existing association or relationship.
For example, all drivers are responsible to all road users while operating the vehicle. Suppose a distracted driver hits another car after running a red light. The distracted driver breached their duty by driving distracted and violating a traffic law. That makes them liable for property damage and bodily injury, including in pedestrian or bicycle accidents.
Sometimes, a prior relationship must exist between the parties to establish a duty of care. An excellent example is between a physician and a patient. A doctor may not be liable for injuries from treating someone who is not their patient in an emergency.
Suppose someone in a restaurant is choking, and a diner who is a doctor performs first aid. However, the treatment caused substantial bruising to the person who was choking. Since there is no established doctor-patient relationship, the injured party has no grounds for filing a medical malpractice case.
However, proving all the elements of a personal injury case is seldom straightforward. The Ontario Superior Court dismissed a medical malpractice case despite proving medical negligence because the plaintiff could not prove causation. Causation is the third element where the injury directly results from the defendant’s action or inaction.
Effect of contributory negligence
You should also understand that contributory negligence can affect your payout. Suppose you are partially at fault for a car accident in Ottawa. The Ontario court may reduce your awards by your determined degree of liability. A skilled lawyer can present evidence disputing any claim you contributed to the accident.
Another factor that may affect your compensation is your behaviour after the accident. Suppose you failed to follow your doctor’s instructions for your physical or psychological recovery from dog bites. In that case, the defendant may claim you made your injury worse, reducing the damages you can recover.
Before committing to a lawsuit, consult a personal injury lawyer with a proven track record. Personal injury litigation can be complicated and involve significant resources, even with a contingency fee arrangement. An experienced lawyer can evaluate if you have a valid case, the value of your claim, and whether it is worth pursuing.
What compensation can you receive?
Compensation for these injuries will depend on several factors. These include the extent and nature of the injuries and losses and their short- and long-term disability. In most personal injury cases, the medical evidence is a critical element for determining the value of a claim. Disability lawyers will use medical records to objectively describe the injury, prognosis, and treatment. Medical evidence also addresses relevant issues, such as pre-existing conditions that may affect the case.
What you do in the aftermath of an accident will determine the validity of a claim. Aside from seeking medical attention to document your injuries, you must consult a lawyer. A personal injury lawyer can provide proper legal advice after evaluating the case. The lawyer will help you comprehend your legal rights, options, and obligations, including using the court system to pursue compensation.
Call 1-800-567-HURT for a free initial consultation. We serve multiple locations in Ontario (including Toronto), Alberta, British Columbia, and Nova Scotia.
Contact a Personal Injury Lawyer Today
Personal injury law anywhere is complex, including those governing claims in Nova Scotia. You must consult a Nova Scotia personal injury lawyer before taking action after the accident. At best, you may not get the compensation you deserve. At worst, the court dismisses your case, leaving you worse off than before.
If you or your family members sustained injury due to the negligence, liability, or intentional act of another, consult the leading personal injury lawyers in Canada. Diamond Law specializes in personal injury cases. They have a team of lawyers with the years of experience, skills, and resources necessary to help you, including negotiating insurance claims.
Contact Diamond & Diamond Lawyers for a free consultation today!