When you suffer injuries in an accident, you may have recourse to obtain compensation. An Abbotsford personal injury lawyer could review your situation, determine whether another party’s actionable negligence caused your accident, and if so, help you seek financial redress.
You should not have to bear the burden of someone else’s misconduct. The team at Zacharias Vickers McCann know exactly how to identify the parties responsible for your injuries and hold them accountable.
Accidents happen all the time, in numerous situations. Someone who suffers injuries could have a valid legal claim if another party’s negligence was the cause of the accident or a contributing factor. Negligence is at the root of many accidents that can trigger a personal injury lawsuit, including the following:
Our Abbotsford lawyers can investigate the circumstances that led to a personal injury and gather evidence to serve as proof of negligent conduct.
The evidence needed to prove negligence varies depending on the circumstances of the injury and other factors. In general, proving negligence in an Abbotsford injury case requires a legal professional to prove the responsible parties had a duty to the claimant and breached it. They must also show that the breach of duty contributed to the incident and the claimant suffered actual harm as a result.
Anyone injured in an accident in Abbotsford should contact a lawyer as soon as possible. The standard time limit for bringing a civil claim in British Columbia is two years from the date of the incident, but there are multiple factors that might reduce the time for action. A consultation soon after the incident ensures the preservation of viable claims.
The Negligence Act makes each negligent party to a civil action liable for their share of the damages depending on their degree of fault. The judge or jury makes the allocation of fault on a percentage basis. If the person seeking compensation was a partial contributor to the accident, they are responsible for a portion of their damages equal to their degree of responsibility.
A finding of negligence triggers an obligation to pay compensation. An injured person is entitled to recoup the losses they suffered in an accident from the parties who caused or contributed to it.
A claimant can seek reimbursement of uncovered medical expenses, including ambulance, physiotherapy, prescription drugs, and psychological counselling to manage the trauma of the incident. The negligent party must provide funds to cover future medical expenses if the injury requires ongoing treatment. An injured person can also seek the value of their wages lost while recovering from the accident and their diminished future earning capability, if their injuries will impact their ability to return to their prior employment.
A claim may include a demand for non-pecuniary damages, which is compensation for pain, suffering, disfigurement, loss of amenities, and loss of the pleasures of life. Judges decide the amount to award to compensate these losses based on the awards given to others of similar age who suffered similar injuries.
In the case of grievous injury, a family member might bring an in-trust claim. This is a demand of compensation for the time and effort a loved one devotes to caring for the injured person. Their efforts must be above and beyond the services one would expect a loving family member to perform.
In-trust damages can be challenging to prove because people have differing concepts of what a loving family should be expected to do for a seriously injured person. A personal injury lawyer in Abbotsford can evaluate a specific situation and offer a candid assessment of whether an in-trust claim is appropriate.
An accident that causes significant injury is disruptive to you, your family life, and your livelihood. When another party’s careless act or omission contributed to the situation that caused your injury, you are entitled to compensation.
Contact an Abbotsford personal injury lawyer from Zacharias Vickers McCann when you get hurt in an accident. We can review the circumstances and advise you on whether you have a viable claim. Get in touch today with a free consultation.
