Personal Injury law is a means of seeking compensation for those who have been injured due to the fault or negligence of another person. It is a highly specialized area of civil law which requires deep and wide understanding of tort laws and insurance regulations. It also calls for expertise and experience in negotiation as well as trial court procedures.

If you or a loved one has been injured in an accident that resulted from negligent driving by someone else, contact a Mississauga personal injury attorney as soon as possible to begin the process of filing your compensation claim. The Ontario Highway Act entitles all victims of motor-vehicle accidents to claim statutory benefits regardless of fault. However, these benefits may be insufficient to cover the present and future damages that you and your family may have suffered. Our free consultation Mississauga injury lawyers can assess your case and provide a genuine evaluation of the merits and procedures involved.

Negligent Driving

In legal terms, “negligent” means failure to exercise due care which a responsible person is expected to exercise. This also implies that there was no intention to harm the person, but the injury was caused due to carelessness or failure to act in a responsible manner that displays a disregard for the safety of others.

It could be a lack of attention due to distractions like use of cellphones, texting, grooming, shaving, eating, reading or watching a movie while driving. Often, the driver fails to give full attention to the task when the car is full of passengers who are chatting, singing and in an exuberant mood. Contrarily, co-passengers could annoy or anger the driver, leading to aggressive driving or over-speeding. If negligent driving leads to injury/death of an innocent victim, the driver faces criminal and civil action.

Ontario has a system of demerit points to curb driving offenses, identify, monitor and correct offenders and ensure road safety for all road-users.

Demerit points are awarded for offenses ranging from not obeying signs/signals, driving too slow/fast, reversing or traveling in wrong direction on highway, tail-gating, not stopping for school-bus, etc in an ascending scale from 2-7, applicable in the case of Ontario drivers offending in other provinces/New York/ Michigan. Our Mississauga experienced personal injury lawyers can access driver records to use in your claim.

Proving Negligence 

Your claim must prove that:

• You/your property suffered proximate physical/financial/emotional damage in the accident
• The defendant caused the accident and their conduct was below legal standard of reasonable care

An important factor is the victim’s conduct. It may affect the right to compensation insofar as their contribution to causing the accident is proven – for instance, if the victim fell asleep while driving, was driving a vehicle that they knew to have faulty brakes or was involved in a criminal/illegal activity while driving. Our Mississauga car accident lawyers can examine your role in the accident and advise you accordingly.

Important Features of Personal Injury Suit

A crucial aspect of personal injury lawsuits is the stringent time-frame within which claims must be filed. They must also be filed in the right venue and jurisdiction, along with all the relevant/required documents. Our Mississauga accident injury lawyers available 24×7 are well-versed with these procedures and can ensure that the paperwork is handled correctly. Types of damages include medical/hospitalization, future care/rehabilitation, house-keeping, special/out-of-pocket expenses related to the accident, pain and suffering.

In the case of death/disability/severe injury, our serious injury lawyers can assist relatives of the deceased/disabled to sue for loss of care/guidance, companionship, pain and suffering, future wages, hospital/funeral expenses etc. 

Pain and Suffering

To prove your claim in these types of damages, the damage must be so severe that it causes a permanent life-change in terms of physical/mental function. This is known as the “threshold” in car accident laws. There are several important legal aspects to proving that the damage sustained is permanent, irreversible and had a life-altering impact on your life in terms of mobility, career, self-care, independence, self-esteem and future medical/physical/financial/psychological needs. Our Mississauga traumatic brain injury lawyers can assemble expert witnesses, car-crash specialists, access medical/traffic/police records and get the required documentary/photographic/video evidence to prove these claims.

Lawsuit Procedures

Our Mississauga personal injury lawyers can advise you that filing a compensation claim includes:

• Collection of facts
• Filing statement of claim in court
• Interim applications
• Examinations for discovery
• Fulfilling undertakings made during discovery
• Medical examinations
• Review/Negotiation/Settlement out of court
• Trial if negotiations fail
• Completion

We can assist you with all aspects of proving negligence, safe-guarding your rights as a victim, undertaking all negotiations/paperwork and proceeding to trial if required.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help.TM (416 931 5015)