IntroducingPersonal Injury Law in Canada

Personal Injury in Canada: A Step-by-Step Guide to Winning Your Case

Personal injury in Canada refers to an injury to a person's body, mind, or emotions caused by the negligence or wrongdoing of another person or entity.

In order to make a personal injury claim in Canada, the person must have suffered harm as a result of someone else's negligence or fault. The person making the claim, known as the plaintiff, must be able to prove that the defendant's actions or inactions caused the injury.

In places like BC, the government has been trying to reduce the number of personal injury lawsuits that exist. One way they did this was to remove car crash lawsuits (ICBC claims) from the courts. The system is now more of an online arbitration process.

There are different types of personal injury claims, including car accidents, slip and fall accidents, medical malpractice, and product liability. Each type of claim has its own specific legal requirements and must be filed within a certain time frame, called the statute of limitations.

In Canada, most personal injury claims are handled on a "no win, no fee" basis, which means that the plaintiff does not have to pay legal fees unless they win the case.

In most provinces, personal injury claims are settled out of court, and many cases are resolved through mediation or negotiation. If a case does go to trial, the court will determine liability and award damages to the plaintiff. Damages may include compensation for medical expenses, lost wages, and pain and suffering

It's important to consult with a lawyer specializing in personal injury law if you are considering making a claim. They can advise you on the strength of your case, help you gather evidence, and negotiate a settlement or represent you in court.

Personal Injury laws and regulations can vary between provinces and territories in Canada, so it's important to consult with a lawyer that is familiar with the regulations in your area.

Personal injury lawyers have a bit of a bad reputation in the legal industry, sometimes referred to as ambulance chasers. But just like with any lawyer, there are good and bad lawyers. Make sure to search for the lawyer on Clearway before picking a lawyer. You need to look at their ratings.

Some of the highest-profile PI cases in history

In 2010, it was revealed that PIP, a French company, had been manufacturing and selling breast implants with substandard silicone. Many Canadian women who had received these implants filed personal injury lawsuits, claiming that the implants had ruptured and caused health problems such as autoimmune disorders.

The Walkerton water disaster: In 2000, the town of Walkerton, Ontario, experienced a severe outbreak of E. coli bacteria in its water supply. The contamination resulted in several deaths and hundreds of illnesses, and many residents filed personal injury lawsuits against the town and the individuals responsible for the contamination.

In 2008, an outbreak of listeriosis, a serious food-borne illness, occurred in Canada. The outbreak was linked to contaminated meat products produced by a Maple Leaf Foods plant in Toronto. Several people died as a result of the outbreak and many more were sickened. Some of the victims and their families filed personal injury lawsuits against Maple Leaf Foods

In the 1980s and 1990s, thousands of Canadians were infected with HIV and hepatitis C as a result of receiving contaminated blood products. Many of those affected filed personal injury lawsuits against the government and the Canadian Red Cross, which were responsible for the blood supply at the time

In the 1980s, it was revealed that many children at Mount Cashel Orphanage in St. John's, Newfoundland, had been sexually and physically abused by staff members. Many of the victims filed personal injury lawsuits against the Christian Brothers of Ireland, the organization that ran the orphanage.

If you want to see a good movie about personal injury lawsuits, watch "A Civil Action". It’s our favourite lawyer movie (way better than Legally Blonde.)

What types of personal injury claims are most common in Canada?

Car accidents are one of the most common types of personal injury claims in Canada. If you've been involved in a car accident and have suffered an injury as a result of someone else's negligence or fault, you may be able to make a claim for compensation. This can include damages for medical expenses, lost wages, and pain and suffering.

Another common type of personal injury claim is a slip and fall accident. If you've been injured as a result of a slip and fall on someone else's property, you may be able to make a claim for compensation. This can include damages for medical expenses, lost wages, and pain and suffering.

If you've been injured as a result of a medical professional's negligence, you may be able to make a claim for medical malpractice. This can include damages for medical expenses, lost wages, and pain and suffering.

If you've been injured as a result of a defective product, you may be able to make a claim against the manufacturer or distributor of the product. This can include damages for medical expenses, lost wages, and pain and suffering.

If you've been injured in a workplace accident, you may be able to make a claim for workers' compensation or a personal injury claim against the employer or a third party if their action or inaction was the cause of the injury.

It's important to keep in mind that the laws and regulations surrounding personal injury claims can vary depending on the province or territory where the incident occurred, and it's best to consult with a lawyer specializing in personal injury law to help you navigate the process and determine which type of claim may be most appropriate for your situation.

How long do I have to file a personal injury claim in Canada?

The time frame within which a person can file a personal injury claim is known as the statute of limitations. This varies depending on the jurisdiction and the type of claim being made. For example, in most provinces and territories, the statute of limitations for car accident claims is usually two years from the date of the accident.

This means that if you were injured in a car accident and wish to file a claim for compensation, you must do so within two years of the accident occurring. If you fail to file your claim within this time frame, you may be barred from seeking compensation.

For slip and fall accidents, the statute of limitations can also vary depending on the jurisdiction. For instance, in some provinces, it is 2 years, while in others it can be as short as 6 months. In some provinces, this time frame may be extended if the injured person was a minor at the time of the accident, or if the injured person was not aware that they had suffered an injury until some time after the accident occurred.

The statute of limitations for medical malpractice claims can also vary depending on the jurisdiction. Some provinces have a two-year limit, while others have a longer time frame, up to five years or more, but again it varies.

It is important to note that while the statute of limitations serves as a general guideline, there are certain situations that may cause the time frame to be extended or shortened. It's always best to consult with a personal injury lawyer as soon as possible after an accident or injury has occurred, to ensure that you do not miss the deadline for filing a claim.

It is also important to understand that the statute of limitation serves as a guideline and that the court has the discretion to hear cases even if the time frame has passed under certain circumstances, like for example if the injured person was a minor, or if the injured person was not aware of their injury until later.

But don’t wait until near the time limit, the sooner you can get the lawsuit going, the better things are. Witnesses can be hard to find (or impossible) the longer you wait. People’s memories of the events also get worse over time.

How much compensation can I expect?

A lot of people file lawsuits without already having a number that they can prove to a judge. Always start with the damages number, and then work backwards on how to prove it. You shouldn’t sue someone just because they pissed you off.

When it comes to determining the amount of compensation that can be awarded for a personal injury claim in Canada, it's important to understand that there is no one-size-fits-all answer. The amount of compensation that a person may be able to receive will depend on the specific facts and circumstances of their case.

That being said, there are two main types of damages that can be awarded in a personal injury claim: economic and non-economic damages. Economic damages are intended to compensate the plaintiff for any financial losses resulting from the injury, such as medical expenses, lost wages, and any future lost earning capacity. Non-economic damages, on the other hand, are intended to compensate the plaintiff for any non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

The amount of compensation for economic damages can be calculated by looking at the actual expenses incurred by the injured person, such as medical bills and lost wages. The amount of compensation for non-economic damages can be more subjective and will depend on factors such as the severity of the injury and the impact it has had on the person's quality of life.

It's important to keep in mind that the amount of compensation awarded in a personal injury case can vary greatly depending on the specific facts and circumstances of the case, and will be determined by the court or the parties' negotiation.

The Plaintiff can also ask for General Damages, it's financial compensation for non-monetary losses, like pain and suffering, emotional distress, loss of enjoyment of life, and loss of reputation. This type of damage is relatively difficult to quantify and the court will decide based on a number of factors such as the severity of the injury, the extent of recovery, how long it took to recover, and how much of a negative impact the injury has had on the individual's life.

What laws apply to personal injury in Canada?

In Canada, personal injury law is governed by the common law system, which means that court decisions (case law) and statutes (legislation) are both important sources of law. The main piece of legislation that applies to personal injury in Canada is the provincial or territorial Limitations Act, which sets time limits for bringing a personal injury claim. In addition to this, personal injury claims can also be governed by other legislation such as occupational health and safety laws and motor vehicle accident laws.

Tort law (law of wrongs) is also a key area of law that applies to personal injury claims. Under tort law, individuals have a right to seek compensation for harm caused by the wrongful actions of others. The most common type of tort claim in personal injury cases is negligence, which requires the plaintiff to prove that the defendant had a duty of care, failed to meet that duty, and as a result, caused the plaintiff's injury.

A personal injury lawyer will be able to guide you through the legal process and can help you to understand the laws that apply to your specific case.

What are torts?

Torts are complex, and a lot of Law School is spent trying to understand the specific criteria to meet each tort.

Tort law is a branch of civil law that allows individuals to seek compensation for harm caused by the wrongful actions of others. Some of the most common torts include:

Negligence: This is the most common type of tort claim in personal injury cases. It requires the plaintiff to prove that the defendant had a duty of care, failed to meet that duty, and as a result, caused the plaintiff's injury.

Battery: This occurs when one person intentionally causes harmful or offensive contact with another person.

Assault: This occurs when one person intentionally causes another person to fear that they will be the subject of harmful or offensive contact.

False imprisonment: This occurs when one person intentionally restricts the freedom of movement of another person without their consent.

Defamation: This occurs when one person makes a false statement that harms the reputation of another person.

Fraud: This occurs when one person intentionally misrepresents a material fact, which causes another person to suffer a loss.

Product liability: This occurs when a manufacturer or seller produces or sells a faulty or dangerous product that causes injury to a consumer.

These are the most common torts but not a comprehensive list, there are other torts such as Trespass, Malicious prosecution, and others, and laws vary depending on the jurisdiction.

What percentage do lawyers take for personal injury in Canada?

The percentage that lawyers take for personal injury cases in Canada can vary depending on the specific circumstances of the case and the agreement made between the lawyer and the client. However, in most personal injury cases, lawyers typically work on a contingency fee basis, which means that they only get paid if they win the case for their client.

The contingency fee percentage usually ranges from 25 to 40 percent, but it can be higher or lower depending on the complexity and risk of the case, and the agreement between the lawyer and client. In some jurisdictions, the Law Society or the provincial government set a cap on the percentage of contingency fees, for example, British Columbia Cap is 33.3% and Alberta is also capped at a similar rate.

For some areas of law (like divorce law), percentages are not allowed without the court's approval. That has nothing to do with PI cases, but it’s an interesting fact.

It's important to note that the lawyer's contingency fee percentage applies only to the portion of the award or settlement that is designated as compensation for pain and suffering. Any amounts awarded or settled for specific losses such as lost wages, medical expenses, etc. will be paid to the client directly.

It's also important to note that, clients may be required to pay some additional costs associated with the case, such as court filing fees, expert witness fees, and other expenses. These expenses, which are also called disbursements, are typically not included in the contingency fee percentage. In some cases, the client may be responsible for paying these expenses regardless of whether they win or lose the case.

It is always a good idea to have a clear understanding of the fee arrangement before signing the retainer agreement. Some personal injury law firms will offer free consultation and case evaluation and discuss the fee structure with the client before taking the case.