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A sudden injury sustained in an accident can upend your life in various ways. Injuries are painful, emotionally traumatic, inconvenient, and expensive to treat.
When another party’s carelessness or recklessness contributed to the incident that injured you, they may be liable to pay compensation. Consult with a Victoria personal injury lawyer to find out whether you have a viable claim. It is critical to do so as quickly as possible after the incident, because strict time limits apply to legal claims.
At Zacharias Vickers McCann, our team of legal professionals can review the circumstances of your injury and explain your alternatives. If you choose to move forward, we will help you fight for the maximum available compensation after a slip and fall, property injury, dog bite, or an incident of sexual assault.
When a person, company, organization, or government did not meet the proper standard to ensure others’ safety, an accident could give rise to a legal claim for compensation.
To bring a successful personal injury case, a Victoria lawyer needs to prove that a party was negligent. Proving negligence requires showing that that the party did not use reasonable efforts to prevent an injury, that an injury occurred as a direct result of their conduct, and the claimant suffered documentable losses. Negligence can result from both actions and omissions.
Anyone occupying property must keep their premises safe for visitors by maintaining the property to remedy potential hazards, monitoring activity on the property, and controlling the behavior of third parties. Failing to uphold these duties could be negligent, and could potentially lead to a slip and fall accident. Similarly, owners of domestic animals who are aware they may be aggressive must take reasonable steps to protect the safety of others around the animal. Injuries resulting from these situations could lead to a viable injury claim in Victoria.
A person whose conduct contributed to their own injuries may still pursue a claim against other negligent parties. British Columbia’s Negligence Act holds that fault should be allocated on a percentage basis between the involved parties. Any award of damages an injured person receives would be adjusted down by a percentage equal to their degree of fault for the incident.
The idea behind compensation in personal injury cases is that the party responsible for the incident should restore the plaintiff to the same position they would be in if the incident had not occurred. Money does not erase the experience of being injured, but it can address various losses a person sustains.
Pecuniary damages reimburse an injured person’s lost income, expenses related to the injury, and future losses. These include medical and therapeutic treatment not covered by Insurance, as well as psychological counseling, personal support care, mobility devices and other medical equipment, mileage to appointments, and parking costs. Diminished future earning capacity is another important element of pecuniary damages, as is the cost of hiring household help.
Non-pecuniary damages provide money for the intangible losses resulting from accidents. These include pain and suffering and loss of life’s pleasures, meaning a temporary or permanent inability to engage in activities that were once an enjoyable part of the person’s lifestyle. The amount of non-pecuniary damages a Court awards depends on the injured person’s age and a comparison to their former lifestyle with their current lifestyle. Awards made to others of similar age in similar circumstances are important factors, so a lawyer in Victoria would present the Court with cases that offer generous awards for comparison.
When an injury in Victoria requires loved ones to provide extraordinary caretaking services, Courts can make awards for in-trust claims. These are payments for the uncompensated work the family member provides to care for the injured person. The services must be over and above the care a loving family member would otherwise be expected to provide.
Injuries are disruptive and can cause severe financial distress on your family. It is important to devote your time and energy to healing rather than managing the legal work.
Talk to a Victoria personal injury lawyer as soon as possible for a barrister’s legal advice. We can investigate, identify negligent parties, and initiate a claim for compensation, freeing you to focus on healing. Reach out today to get started with a free consultation.