Dealing with a personal injury claim is stressful and can be overwhelming for you and your family. Focusing on your physical rehabilitation while navigating the legal landscape to get compensation and justice is daunting, especially if you’re unfamiliar with commonly used legal terminology. Whether you’ve been seriously injured in a car accident, slip and fall accident, or attacked by a dog, understanding key personal injury law terms will help give you insight, stay informed, and protect your legal rights.
Here are 10 personal injury law terms that every person, injured or not, needs to know:
1. Negligence
Negligence refers to when a person or entity fails to act with a reasonable level of care for a situation – which is the foundation of most personal injury claims.
An example of negligence would be if a driver is texting while driving and then rear-ends another car. This may be considered negligent due to the driver disregarding their responsibilities by not paying attention to the road.
Negligence typically consists of four key elements:
- Duty of care – The defendant had a legal obligation to act responsibly.
- Breach of duty – The defendant failed to meet the legal obligation to act responsibly.
- Causation – The breach of duty directly caused harm to the plaintiff.
- Damages – The plaintiff suffered actual losses because of the breach of duty.
2. Duty of Care
Duty of Care is the legal obligation that a person or entity has where they must avoid causing harm to others. The duty of care in every situation varies depending on multiple factors.
For example, a doctor has a duty of care to provide competent medical treatment to patients, and a store owner must keep their premises safe for customers.
Failure to uphold a duty of care can lead to legal liability in a personal injury case. Examples of this would be a restaurant manager not wiping spilled water, to ensure the floor is no longer slippery and safe for customers to walk on.
3. Liability
Liability refers to the legal responsibility for one’s actions or omissions. In personal injury law, establishing liability is essential for obtaining compensation.
An example of this would be if a business owner neglects to salt an icy sidewalk leading to a customer slipping and sustaining an injury, the business owner may be liable for that injury.
Liability can be categorized into different types:
- Strict Liability is, in some cases, where liability applies even if negligence is not proven. This would be applicable in defective product cases.
- Vicarious Liability is when an employer is held responsible for the actions of an employee.
- Premises Liability is when a property owner is responsible for injuries occurring on their property.
4. Comparative Fault (or Contributory Negligence)
Comparative Fault applies when multiple parties share responsibility for an accident. The percentage of responsibility ranges depending on the accident, and accordingly, some jurisdictions reduce the injured party’s compensation based on their percentage of fault.
For example, if you were speeding but another driver ran a red light and hit you, a court may find you 20% at fault for the accident, leading to a reduction of your compensation accordingly.
Ontario follows a modified comparative fault system. This means you can still recover damages for the accident if you’re partly at fault, but the compensation is reduced under your fault percentage.
5. Statute of Limitations
The Statute of Limitations is the legal deadline for filing a personal injury lawsuit. In Ontario, the statute of limitations for most personal injury claims is within two years of the injury date.
For example, if you were injured in a car accident on March 1, 2023, you typically have until March 1, 2025, to file a lawsuit.
Cases involving minors or situations where injuries were not immediately apparent may be exceptions to this rule, further showing why it’s important to consult with a personal injury lawyer as soon as possible.
6. Damages
Damages refer to the compensation a plaintiff seeks in a personal injury case. Damages can be economic (covering financial losses like lost wages, property damage, or medical bills) or non-economic (covering pain and suffering, emotional distress, and loss of enjoyment of life).
Punitive damages are awarded in rare cases to punish particularly reckless behavior. An example of this is if a drunk driver causes a catastrophic injury, the court may award punitive damages on top of medical expenses and lost wages.
Calculating damages is complex and requires considering multiple factors, including medical expenses, future lost wages, and the impact on quality of life.
7. Tort
A tort is a wrongful act that leads to civil legal liability. Personal injury cases fall under tort law as they focus on compensating victims rather than punishing wrongdoers (which is the focus of criminal law).
For example, if a dog owner fails to leash their aggressive dog and bites someone, the victim may sue under a tort claim for personal injury.
Types of torts include intentional torts, negligent torts, and strict liability torts.
Intentional torts are when harm is done on purpose (e.g., assault, battery, fraud).
Negligent torts are when harm results from careless actions (e.g., car accidents, slip, and falls).
Strict liability torts are when the fault is automatically assigned (e.g., defective product injuries).
8. Settlement
A settlement is an agreement between the injured party and the defendant or the defendant’s insurance company to resolve a case without going to trial. Most personal injury cases are settled before reaching court.
Example: If a person suffers whiplash in a car accident, their lawyer may negotiate a $50,000 settlement with the at-fault driver’s insurance company instead of taking the case to trial.
Settlements provide faster resolutions to the plaintiff’s personal injury claim and avoid the unpredictability of court trials. It is imparting though to make sure the settlement is proper compensation where it covers the injured individual’s expenses and damages.
9. Contingency Fee
Most Toronto-based personal injury lawyers work on a contingency fee basis, meaning there are no upfront costs, and they are only paid once the case is won. A contingency fee is typically a percentage of the final settlement or court award.
Contingency fee payments ensure that injury victims can access legal representation without upfront costs or undue financial stress regarding retaining a lawyer.
10. Wrongful Death Claim
A wrongful death claim is a lawsuit filed by the family members of the deceased when a loved one dies due to someone else’s negligence or intentional misconduct.
Suppose a person is killed in a car accident caused by a reckless driver. In that case, the family may file a wrongful death lawsuit to recover funeral expenses, loss of income, and emotional suffering. A wrongful death claim can provide essential financial support to grieving families but requires strong evidence to prove negligence or misconduct.
Why Knowing These Terms Matters
Understanding the legal terms in this blog post will help you understand your legal rights, especially when speaking with a personal injury lawyer. Getting justice through a personal injury
Additional Considerations:
- What to Do After an Injury: Document injuries, gather evidence by taking pictures of the location where the injury took place, gather witness statements, and seek medical attention immediately.
- How Insurance Affects Claims: Insurance companies often try to minimize payouts, so you must consult a personal injury lawyer after your accident.
- The Role of a Personal Injury Lawyer: Lawyers help collect evidence, find you proper medical treatments, negotiate settlements, and represent you in court if needed.
Bergel Magence Personal Injury Lawyers has over 50 years of experience helping serious injury victims across Ontario get the justice and compensation they deserve after an accident. Our team of legal experts is here to guide you through the legal process and fight for your rights. Contact us today at 416-665-2000 for a free consultation or visit bergellaw.
