Whenever you or a loved one has suffered an injury due to the fault or negligence of another person or corporation, you may have the legal right to commence a personal injury lawsuit against the parties that caused you harm.
If you’re reading this, you’ve likely suffered an injury and chances are you’re wondering what you can do about it. Maybe you’ve heard something about personal injury law and now you’re thinking about reaching out to a lawyer.
Questions to consider when you have been injured
Here are some questions you may want to think about when considering whether you have a personal injury case.
What types of Injuries can I sue for?
A lawsuit can be brought to recover damages for virtually any type of injury you may have sustained. Some examples include the following:
Wrongful death, spinal cord injury, traumatic brain injury, bone fracture, whiplash, burns, scarring, puncture wounds, concussion, dislocations, changes in bowel and bladder function, dizziness, fatigue, headaches, impaired movement, loss of balance and coordination, motor speed and programing deficits , nausea, pain, reduced muscle strength and seizures.
Depression, anxiety, PTSD/ post traumatic stress disorder, driving anxiety, generalized anxiety disorder and psychological trauma.
Cognitive injuries and impairments
Headache, nausea or vomiting, fatigue or drowsiness, problems with speech, dizziness or loss of balance, swallowing problems, memory and learning deficits, attention deficits, executive functioning deficits, difficulty with information processing and metacognition.
Your personal injury is as unique as you are
Don’t make the mistake of thinking your injury is too insignificant to bring a personal injury claim just because someone else tells you you only have a minor injury. Ultimately, an injury can be serious if it has had a significant impact on your life, your earnings or your ability to do the things you did before you were injured. Our lawyers at Fosters Law will take the time to understand you and your injury and help you decide if you should bring a claim.
Who can I sue for my injuries?
Most personal injuries are caused by Accidents
Accidents are events caused by the negligence or fault of another party that lead to an injury. As long as someone else is fully or partially at fault for the accident you can sue them for your injuries. For example, if you were 10% at fault, you can still recover 90% of your injury claim.
At Fosters Law we represent people who have been inured in many different types of accidents.
Motor Vehicle Accident
Motor vehicle accidents such as a car accident, truck accident, motorcycle accident or ATV accident are the most common way people suffer personal injury in Ontario. These accidents are usually the result of an operator of a vehicle not following the rules of the road, driving for the conditions or paying attention.
If you were involved in a car accident, chances are you have a case worth pursuing even if you were partially at fault. Even if you were 50% at fault for your accident you can still recover 50% of your damages.
Slip and Fall Accident
Slip and fall accidents occur when someone loses their footing while walking. Determining who is at fault for a slip and fall can be a little complicated. Often these accidents occur due to a property owner failing to keep their property safe and free of hazards. In a slip and fall or trip and fall case, the owner of a property is required to have a reasonable system in place to ensure that people entering their property are reasonably safe.
When you have a slip and fall claim you might have to defend against the argument that the injury was your fault. For example:
- did you have appropriate shoes on for the weather?
- were you texting or distracted when the accident happened,
- was there a reason you shouldn’t have been on the property, like a fence surrounding the area?
- Were there warning signs in the area?
As with a car accident, even if you are partially at fault for your slip and fall, you may still have a good claim.
Sports injuries happen quite often and can range from minor bumps and bruises to serious life-altering accidents. If you’re injured as the result of another person’s actions while playing your favourite sport, you may have a case.
Recreation injuries can occur while on an ATV, all-terrain vehicle, a snowmobile, dirt bike or mountain bike while on a trail ride. If you’re injured as the result of another person’s actions while enjoying your favourite recreational activity, you may have a case.
Jet ski and boating Accident
Boating accidents are quite common in Ontario as many watercraft can reach speeds similar to cars on a highway. Boating claims arise from drownings due to lack of life jackets, collisions between boats as well as collisions between boats and objects such as docks, tree stumps, rocks and sand bars.
If you have been injured in a boating accident both federal laws such as the Canada Shipping Act and the Marine Liability Act and provincial laws including the Insurance Act and the Highway Traffic Act may apply to your case.
Dog Bite Accident
Dog bites are usually the owner’s fault. However, there are some exceptions, like if the dog bite victim was on the owner’s property intending to commit a crime. If you or your animal receives a dog bite, you’ll likely have a case under the Dog Owners Liability Act.
If you or a loved one has been injured in a dog bite accident contact the experienced personal injury lawyers at Fosters Law for a free consultation.
Some personal injuries are caused by the intentional actions of others.
If you have been injured in an assault you may have the legal right to bring a personal injury lawsuit against the person who assaulted you. If the assault took place at a bar, night club or paid event you may also have a claim against the venue and the event organizer for failing to keep you safe.
Sexual Abuse and Sexual Assault
If you have been the victim of sexual abuse or sexual assault you have the legal right to bring a lawsuit against the person who abused or assaulted you. Let our experienced and compassionate personal injury lawyers help you get the compensation you deserve.
Personal injuries are also caused by Professional Malpractice
Professional malpractice happens when a professional makes some kind of error in their service that results in injuries or damages. There are a number of different services that we access every day, like plumbing, estate planning, or mechanic work. When you’re accessing a professional’s services and something goes wrong resulting in injury or damages, you may have a personal injury case.
Medical malpractice is a type of professional malpractice. In these cases, a medical professional’s improper care has caused injury to their patient. Medical malpractice includes:
- Not diagnosing a condition
- Not telling a patient about a treatment’s potential risk
- Unacceptable errors during surgery
- Reckless behaviour (like performing surgery under the influence of drugs or alcohol)
How long has it been since the incident?
Typically, the time limit to file a personal injury lawsuit is two years from the date of the accident, meaning that you need to get your case started within that time frame. However, this might be different depending on your situation.
In most cases, the countdown starts on the day the accident happens. If you didn’t realize you had an injury until later, you might have two years from the day you recognized the injury. For example, if you were in a car accident and you didn’t start having issues with your neck until three weeks later, your two-year time frame would start when you realized something was wrong.
Finally, in some situations, there is a requirement to provide written notice to the at-fault party describing the incident and your injuries shortly following the event. This is particularly important if your injury occurred on the city and/or municipal property. Failure to provide the written notice within the regulated time period could negatively affect your potential claim and there are short time periods for providing these notices in some cases.
Time is of the essence after you have been injured in an accident, an assault or because of the malpractice of a professional. Speak to one of our London Personal Injury Lawyers today. Consultations are completely free, and we’ll help you understand your case and the legal options available to you.
Whether you have been injured in an accident, injured in an assault or injured because of the malpractice of a professional, it can be challenging to make the decision to start a lawsuit.
Contact us and let our personal injury law firm help you to decide if brining a lawsuit is the right decision for you.
We’ll talk to you about your situation free of charge. Give us a call or contact us, and set up your free consultation today.