Personal injury is also a legal term to an injury to mind, body or emotions, rather than an actual physical injury to property. In Anglo-American countries the word is most often used to describe a type of tort suit in which the plaintiff has suffered personal injury to his or her emotions or body. In Canada, this terminology is less common and typically used for negligence or breach of contract claims. In the United States, however, personal injury law is not widely understood and many aspects of it are poorly known. The lack of public understanding of personal injury law leads many Americans to falsely believe that their rights are protected by Canadian law and that they do not have the same rights in the United States.
In Canada, civil lawsuits must be brought within a certain time period after the injury is sustained. This time limit is called the statute of limitations. In the United States, personal injury law is much more complex because many elements of it have no statute of limitations. Personal injury cases that have no statute of limitations usually drag out for years. Therefore, victims of these injuries have very little chance of collecting damages from the parties who caused them. For this reason, American victims need to hire a criminal attorney who has experience representing Canadians in civil court to build a strong case for their rights.
As well, American victims of personal injury often suffer other financial hardships because the medical bills often far exceed the actual monetary compensation awarded. In some instances, the medical bills can be so overwhelming that the victim simply can’t pay them. As well, when victims do receive payments, they are subject to substantial taxation due to the defendant’s inability to make payments. These additional taxes are a major deterrent to victims seeking compensation from personal injury law firms.
In the United States, personal injury law allows an injured person to recover damages for pain and suffering, but not medical bills. If an intentional act is found to be the cause of an injury, or if the victim is discovered to have been at fault for another person’s intentional actions, the injured person can collect damages for both parties. However, victims of car accidents cannot expect to receive any form of financial assistance from the party responsible for their injuries. Because the car accident must have caused the injury in order to qualify under Canadian law, the injured person must also prove that the negligent person intended to be negligent.
One of the most common personal injury law statutes is the common law of negligence. This includes all the statutes that deal with negligence, but is most prevalent in the U.S. Canadian provinces, like Canada, have their own common law of negligence statues. These statutes are different from the American version of the torts but can still help provide assistance to victims.
Many of the Canadian personal injury statues address damages for a motor vehicle accident. In fact, Canada’s personal injury laws are almost identical to those in the United States. It is important to note that in Canada, personal injury lawsuits may be filed against a business. Business owners who fail to provide proper safety measures when operating their vehicles on the road may be held liable for personal injuries suffered by customers or employees on the premises. In addition to compensation for physical pain and suffering, damages may be recovered for property damage, loss of earnings, medical expenses, and in some cases punitive damages. While Canadian laws are more limited than those found in the United States, the same standards of evidence apply.
The third area of the law which deals with personal injury law is tort law. Tort law is the area of the law that recognizes a right to damages for injuries that occur to one’s person. Levilawny Unlike civil law, personal injury law does not require proof of negligence on behalf of the other party. If another person is injured as the result of the actions of another person, they can bring a claim against the individual responsible for the action.
To learn more about filing a lawsuit or other legal claim form, contact an attorney who specializes in these areas of the law. He or she can explain the ins and outs of the various statutes and what they mean to you and your situation. An informal settlement is one option that many attorneys offer. For more information, contact a lawyer today.