If you have suffered any form of injury as a result of someone else’s negligence in Canada and many other countries globally, you are entitled to personal injury damages. Basically, the damages are meant to cover the losses you incurred because of the injury. By and large, personal injury law is very comprehensive concept about which a plethora of texts have been written. Here is a brief overview of what’s involved in assessing damages in a personal injury case in Canada.

Assessing the damages

The truth is, it’s quite complex to assess damages at the onset of a personal injury case. On the whole, the actual cost of an injury is indefinite until the injured party seeks medical treatment, receive adequate therapy, and have time for his or her body to rehabilitate, and get better—a process that can even take years.

For injury cases like motor vehicle accidents, the party at fault (who’s found to be responsible for the accident) is required to pay monetary damages to the injured victim. In Canada, the at-fault party’s insurance company is responsible for settling the damages. The amount of damages to be paid to the plaintiff can often be agreed upon before trial—at a settlement. In fact, in Ontario, over 90% of injury cases are settled prior to trail—which is a great thing for the personal injury victims.

There are several factors to consider when assessing the value of an injury claim. These include the cause of the injury, the nature of the injury, and the impact of the injury on the victim’s ability to work or accomplish his day-to-day activities such as work, business, household chores and even recreational activities.

Once your attorney has received adequate medical information from your doctor or medical specialist, he or she will be better placed to provide more precise assessment of the claim

Compensatory damages

In Canada, most injury damages are categorized as compensatory—which simply implies that they are meant to compensate the plaintiff for the losses incurred due to injury. The goal of compensatory damages is to make the plaintiff “whole again” or bring him or her back to his or her previous state of health before the injury incidence. While some compensatory damages are quite easy to quantify (for instance, reimbursement of medical bills or property damage), others are considerably complex (for example, putting a dollar figure on pain or suffering).

Conclusion

In Canada and many other countries globally, personal injury law is always a nuanced arena that require cosmic knowledge of tort and insurance laws. That’s why it’s critical to seek legal representation to take you through the process successfully.

Laws in Canada are subject to change and evolution. This includes laws associated with personal injury lawsuits in the country. A personal injury lawyer consistently finds his or her self faced with the evolution of laws involving accidents that give rise to injuries and damages.

One aspect of personal injury law that has been evolving in recent years is that associated with emotional distress claims. This has resulted in more emotional distress claims being pursued by a personal injury lawyer.

Overview of an Emotional Distress Claim

At the heart of an emotional distress claim is that the action or inaction of a third party resulted in an individual suffering some type of recognizable emotional or mental health disorder. Depression, generalized anxiety disorder, or PTSD represent three of the most common types of mental health problems lying at the heart of emotional distress claims in Canada.

Physical Harm and Emotional Distress

Historically, in Canada and other Commonwealth nations, a claim for emotional distress needed to be coupled with one for physical injury. In other words, in order to bring a claim for emotional distress in the first place, a person needed to have suffered a physical injury as well. The physical injury and emotional or mental health issue were intertwined as a matter of law,

Ultimately, in court decisions, the mandatory requirement that a physical injury exist to support a claim for emotional distress began to be reconsidered. At this juncture in time, in some instances, a person is now able to pursue a claim for emotional distress of mental anguish without any associated physical injury.

Expert Testimony

Because of the uncoupling of physical injury and mental or emotional distress, the need for expert testimony is even more important. In order to prevail in a case involving mental anguish, a personal injury lawyer arranges for a respected expert to testify about a client’s mental health or emotional state and status. The expert must be able to provide compelling testimony about the nature of an emotional or mental health condition that arose from an accident or some other type of incident caused by a third party.

There is even a cadre of personal injury attorneys who focus their practices more specifically on assisting clients that have developed some sort of mental health or emotional problem as the result of the negligent conduct of a third party. These lawyers tend to be more closely connected to the experts necessary to provide testimony and other evidence in support of this type of claim.

Debt collectors don’t always receive the positive praise they sometimes deserve. Without the thankless work debt collectors perform, many businesses would be unable to collect past due accounts. A business often turns insolvent when it can’t collect money owed. Even the people the agency chases for money benefit from the company’s work. By paying off past-due debts, it becomes easier to get a financial house in order.

Unfortunately, the past actions of debt collection agencies gave these businesses bad reputations. Harassment became an all too common occurrence. Rules and regulations were established to reverse negatives associated with collections. Nowadays, debt collectors must accept limitations regarding what they can and cannot do. Here are five such examples:

Debt Collectors Can’t Ignore Requests to Cease Contact

Under the law, if you tell a debt collector to stop contacting you, the debt collector must comply. You must make the request in writing. In doing so, you inform the debt collector you realize an attempt is being made to collect money. No reason exists to contact you again. All those annoying phone calls then stop.

Debt Collectors Can Take Further Action

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Legal action, however, doesn’t stop. Although the debt collection firm won’t call or write anymore, a lawsuit can be filed to collect the obligation. The credit bureau will also learn of any defaults. Don’t think the debt collection service’s lack of contact now means no more action. You legally owe the debt. The debtor and his/her representative have the right to remedy the situation.

Debt Collectors May Contact Third Parties – Limitations Apply

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Collecting a debt becomes difficult when the collection agency doesn’t know where you are. Contacting third parties becomes a viable option for the intrepid collection agencies.

Once a third party provides contact information, interactions with third parties generally must stop. Under no circumstances may a debt collector discuss details about your debts and obligations. Disclosing private information would violate a critical debt collection statute passed by Congress.

Debt Collectors Can Act On Time-Barred Debts

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Once the statute of limitations passes on a debt, the debtor has no legal recourse. A lawsuit would be dismissed since the collection became time-barred. You can be asked to pay the debt. If you decline, the matter might not end. A debt collection agency is allowed to attempt to collect on the debt. Again, you retain the right to tell the debt collection service to stop all contact.

A debt collection agency, however, cannot attempt to deceive anyone into paying a time-barred debt. Blatantly threatening to sue — while possessing full knowledge the statute of limitation expired — might get the collection agency in some trouble.

Be sure you know the rules regarding time-barred debts in your state. You don’t want to accidentally legally restart collection actions.

Debt Collectors Might Settle

Debt collectors might settle an account. They aren’t forced to settle, but they likely tell their clients partial payments appear better than nothing. A 50% settlement on the debt could prove beneficial to all parties involved. This can be a great approach towards a mutual understanding.

No one wants to be involved with a medical malpractice suit. Severe pain and injury aren’t worth any possible financial compensation. Once a person suffers from negligent medical care, however, seeking financial compensation becomes highly worthwhile. Simply put, the injured party ends up needing the money. Poor medical care frequently leaves the injured party with expenses.

Visions about receiving a massive jury award often sway plaintiffs to turn down out-of-court settlements. Refusing to settle, however, can be a major mistake. Depending on the case and financial offer, an out-of-court settlement may be preferable. Here are five reasons why:

Litigation Can Drag Out for Years

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Civil court cases usually take a long time to complete. Several years can go by before a case eventually reaches the jury. Even with a successful jury award, the litigation might still drag on. The defendant reserves the option to appeals.

Appeals can last years. A decade could pass before the case finalizes. When you sue a defendant with “big pockets,” the chances of a long, drawn-out series of cases increase. With a settlement, all litigation ends once the parties agree to the settlement. Once the settlement agreement finalizes, you receive your payment.

Legal Fees Might Be Enormous

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Suing someone costs money. Lawyers bill their fees by the hour. Legal bills pile up quickly and massively when months and months turn into years and years of litigation.

All those legal fees reduce whatever money ends up awarded by a jury. The primary purpose of filing a lawsuit involves receiving compensation for injuries. Becoming indebted to an attorney doubtfully ranks high on any plaintiff’s list of priorities.

Funds Go Immediately Towards Care

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Injuries resulting from medical malpractice comes with costs. You may require physical therapy, in-home care, compensation for lost wages, and more. The longer you spend time in court, the longer you must pay out of pocket — or borrow — to cover all the resultant expenses. With a settlement, you gain access to the funds necessary to cover your expenses.

The Settlement Proves More Generous

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A jury could award ridiculously low damages. That’s another risk you take when headed to court. In a number of states, limits exist on how much money can be paid out in a medical malpractice case.

Comparing the settlement offer vs. the maximum award limit might prove the obvious: a settlement seems to be the better plan.

The Plaintiff Can Lose

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A defendant would only offer to settle if a loss in court was imminent, right? Don’t make this assumption. The defendant may just wish to cut legal costs by settling. Also, you cannot predict how the jury will decide. Despite the evidence proving negligence, the jury could still levy a judgment in the defendant’s favor.

Another disaster emerges for the plaintiff. If you don’t receive any money from the jury, you find yourself owing all your attorney’s legal fees. Remember, filing a lawsuit and heading to court comes with risks.

When involved in a medical malpractice case, discuss the merits of settling with a qualified and experienced attorney. Sometimes, settling delivers the best outcome.

If you have recently been in a car accident or bike accident or if you have recently slipped and fallen only to receive serious or life-threatening injuries, a personal injury lawyer can help. Many people in these situations feel that they deserve compensation for their medical bills and pain and suffering, yet they go about filing their personal injury claim by themselves.

This is simply not a good idea. Only a trained and experienced personal injury attorney can help you file a claim and get you the compensation you deserve for your pain and suffering.

1. They understand the legal system.

First, personal injury lawyers know how the legal system works, and for the most part, other people don’t. Filing a claim and bringing it to court can be extremely difficult. The paperwork necessary is extensive, and you likely won’t have time to figure all of it out on your own. A personal injury lawyer can help by doing all of that legal stuff for you.

2. You’ll get great advice for difficult times.

When you’ve recently been injured, you’re feeling especially stressed and vulnerable. This is a great time for making bad decisions, but with the help of your ever-steady lawyer, you’ll stay sane and focused.

3. You’ll be protected from bad settlements.

Accepting bad settlements is something that plaintiffs often do when they don’t fully understand the legal system. With a great attorney on your side from a leading personal injury law firm, you won’t have to worry about taking a settlement that leaves you with nothing.

4. They’ll help you file on time.

Certain laws make it necessary to file personal injury claims within a certain timeframe, but many laypeople don’t understand this timeline. A personal injury lawyer will make sure that you file in the appropriate fashion and on time.

5. They can handle the difficult things when you can’t.

Being in a serious accident often leaves you unable to do a number of physical things, but it also may leave you emotionally and mentally unable to complete even necessary daily tasks as well. Hiring a lawyer means hiring someone who is fully capable of doing the things that you are unable to. They can give you their support. They can often show up in court so that you don’t have to. And they can fight the big fights that you are unable to fight for yourself.

If you have recently been in a serious accident that caused injuries to you or a loved one, contact a personal injury lawyer in your area today. They can meet with you for an initial consultation and tell you whether you have a case that can earn you the compensation you deserve. You may find it useful to consult with Law for additional information.

First-time business owners often find it difficult to deal with legal matters pertaining to tax and finance law. Obtaining assistance from an experienced corporate lawyer ensures that new startups and small businesses can more easily address, avoid or eliminate many of the most common and costly financial missteps. From dealing with tax errors and oversights to ensuring that employee and contract negotiation efforts are able to be handled with greater ease and success, the services and assistance that only an experienced attorney or law firm may be able to offer can be an invaluable asset.

Taking Preventative Action to Avoid Potential Legal Issues

Managing the financial aspects of a new business can be challenging under even the most ideal circumstances. Business owners who lack experience with financial law may often find themselves facing an uphill battle when it comes to avoiding potential pitfalls, missteps and ensuing that complicated financial situations are able to resolved before they lead to costly long-term problems. Sitting down with a corporate lawyer who has plenty of experience with commercial financial laws and regulations can ensure that business owners can more easily avoid the pitfalls and obstacles that may create trouble. Taking more aggressive action in order to avoid potential legal issues is a course of action that may have significant benefits in the days ahead.

Resolving Tax Concerns

Filing their quarterly or annual taxes accurately and on-time is a concern that no business can afford to take lightly. The services of a qualified corporate lawyer can be of tremendous help when it comes to preparing tax returns or resolving the issues and problems that may have resulted from mistakes made in the past. Business owners who lack suitable legal services may be unable to protect themselves or their organization from the more serious and costly ramifications that may be incurred should they be unable to resolve past tax concerns. Tax law can be all but impossible to understand for those who lack help and the assistance of a seasoned attorney often makes a world of difference.

Choosing the Best Firm, Lawyer or Service

Working with a corporate lawyer who lacks the right background or who may not have access to the full range of resources that may be required in order to deal with specific financial matters or concerns can become a major liability. Businesses who are seeking ways to address or resolve financial issues would do well to ensure that they are dealing with a firm or attorney that will be better suited to their individual needs. Comparing different legal services, learning more about different firms or scheduling a formal consultation with a corporate lawyer in order to learn more about what they have to offer can prove to be worthwhile.

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