How Does The Victim of An Accident Get Compensated For Damages?

Any victim of an accident can seek compensation for losses by filing a personal injury claim. Still that victim/plaintiff should not expect to win a large award, unless the claim can be supported with the right sort of evidence. That evidence should show that another party behaved in a negligent manner.

The 4 elements of negligence

In order to win a fair compensation in a personal injury case, a plaintiff must offer proof for each of the 4 elements of negligence. The first of those is the defendant’s duty of care. Did the defendant have a duty of care towards the person that was injured, as the result of an accident?
Once the defendant’s duty of care has been proven, the court must get a look at evidence that shows how the defendant breached his or her duty. What evidence offers proof of the defendant’s willingness to hurt the victim, or to abandon the victim that was looking for some type of assistance?

Did the plaintiff get damaged or hurt as a result of the accident? If so, did the defendant’s actions cause the chain of events that caused the plaintiff to get hurt or injured? Evidence that can support a “yes” answer to those two questions works to support a charge of negligence on the part of the defendant.

Damages awarded a plaintiff that can prove the defendant’s negligence:

That plaintiff was probably hurt; the compensation must pay for the medical expenses. That includes more than just time in a hospital or clinic. It covers the money spent on tests, treatment and therapy.

A recovering plaintiff cannot work. He or she loses the money that should have been provided in the form of a regular paycheck. Calling on an expert Personal Injury Lawyer in Waterloo can help. That is one of the damages that must be covered by the awarded compensation.

Did the plaintiff suffer any scarring or disfigurement? Did the plaintiff’s injury cause him or her to become disabled? A “yes” answer to either of those questions would indicate the need for consideration of that fact, when making a damage assessment.

The plaintiff’s right to seek an award for pain and suffering has not been eliminated in Canadian courts, although the size of the award has a definite limit. It cannot be larger than $366,000. Moreover, in Ontario, plaintiffs filing a no-fault claim, following a motor vehicle accident, must sue the guilty party, if seeking money for pain and suffering.

Ontario’s car insurance system has necessitated the introduction of that stipulation. In Ontario, any driver seeking money from the insurance company must file a no-fault claim. That government-controlled company has placed a limit on the amount of money awarded to the injured plaintiff as compensation, following a motor vehicle accident.