Personal Injury FAQ

Some basic information for personal injury clientsPersonal injury law firm

If you have any questions, don’t hesitate to email us at info@delaneys.ca or call us at (613) 233-7000.

I Felt Fine After My Accident, But Now I Am In Pain. What Can I Do?

If you have suffered an injury it is probably more prudent to contact a lawyer shortly after the incident. Although in Ontario the Statute of Limitations stipulates for a two year time period to start a legal claim following the date the claim was discovered, communicating with a lawyer in the immediate after-math of the incident allows for a complete and thorough assessment and examination of all the relevant facts of the case which allows the lawyer to offer the injured party solid legal advice.

How Long Will My Case Take to Conclude?

As with any other legal matter, the duration of a particular case will depend on the particular facts of the matter. The more complex the nature of the injury sustained, the longer the case will take to conclude. If an injury is routine and uncomplicated, the case can usually be dealt with rather expeditiously.

What Constitutes a “Personal Injury”?

There are numerous injuries or incidents that may fall under the broad category of personal injury matters. The following are a few examples but in no way represent a comprehensive list. – car accidents – physical injuries of all sorts – medical negligence – assault and battery – product liability.

Can I Recover Damages No Matter How I am Injured?

In short…no. In order to recover damages from another party, there must be proof available to demonstrate that the particular party who is being pursued played some part in the cause of the injury itself. In other words, someone other than the injured party must be found responsible for causing the injury in order to recover damages. For instance, responsibility for an injury may arise through: – an intentional act – a failure to act, or an omission where one party has a legal duty to act – negligence

I Have Been Injured In An Accident . What Am I Entitled To Payment For?

The answer to this question is contingent upon the facts of any particular case. The types of losses that a plaintiff may be compensated for include, but are not limited to: – loss of income – pain and suffering – rehabilitation and associated medical costs.

If the Person Who Has Injured Me Apologizes Can it Be Used In Court to Prove Liability?

As of March 2009, the Ontario Apology Act prevents apologies from being used against the apologizer as proof of liability in civil suits, including personal injury cases.

What Does Being “Liable” Mean?

Being liable essentially means that a court has come to the conclusion that one of the parties in the legal dispute has in some way caused, and is responsible for the plaintiff party’s injuries. In criminal trials, when a defendant is found to have committed the crime, he is said to be “guilty”. In civil cases, a defendant who is found to have caused the harm complained of by the plaintiff is said to be “liable”.

If I was Partly to Blame for the Accident, Can I Still Make a Claim?

Even if you are partly responsible for the sustained injury or the accident you may still file a claim against the other party who is also responsible for a percentage of the injury or accident. Essentially, if the court finds that on the facts you were partly liable for the damages sustained then the overall monetary compensation you could potentially be awarded would simply be reduced to take that into account.

What is Negligence?

The law dictates that people, in undertaking their daily activities, must necessarily take reasonable care not to harm others. Case law determines how “reasonable care” will be defined and interpreted by the courts. If you are injured and the harm you suffered was caused by someone whose conduct cannot be said to fall under the “reasonable care” standard, then there are grounds for a charge of negligence.