WHAT IS A PERSONAL INJURY CLAIM?

What Is a Personal Injury Claim?

A personal injury is a legal matter that arises when an individual suffers physical injuries, bodily injuries, or emotional distress due to someone else’s negligent or intentional act. A personal injury claim is the formal process used to seek compensation for harm that was caused by an accident and not your fault.

A formal court process typically begins when an injured person decides to file a claim or make a claim through a civil lawsuit. In many situations, however, a settlement is reached before the case proceeds too far through the courts. This often allows accident victims to resolve their personal injury case more efficiently while still pursuing the compensation they deserve.

Personal injury claims usually focus on two core issues: legal liability and damages. Legal liability addresses who caused the injury, while damages in personal injury cases focus on the amount of compensation owed for the harm suffered.

Bodily Injury and Personal Injury: Understanding the Difference

Bodily injury and personal injury are often used interchangeably, but they can cover a wide range of harm. An injury can include physical pain, emotional distress, and financial loss resulting from medical treatment, lost wages, or long-term care needs.

Personal injury claims include situations where bodily injuries, psychological harm, or catastrophic injuries have occurred due to negligence. These claims fall under injury law and, more specifically, tort law in Ontario.

Common Types of Personal Injury and Claims

There are many common types of personal injury and types of personal injury cases that can lead to personal injury claims. These matters may involve minor injury or life-altering catastrophic injuries.

• Auto accident or car accident caused by another driver;
• Slip and fall accidents due to unsafe property conditions;
• Medical malpractice and experience in medical malpractice cases;
• Workplace accidents;
• Wrongful death lawsuit claims;
• Other incidents where negligence or an intentional act caused the injury.

These are just some examples of the types of personal injury claims we handle across Canada, including personal injury cases in Ontario.

Damages and Compensation in Personal Injury Cases

Damages are the total losses suffered as a result of an accident. Compensation for injuries is intended to address both economic and non-economic losses. The goal is to obtain fair compensation for your injuries and the compensation you are entitled to under the law.

Damages in personal injury cases may include:

• Pain and suffering, loss of enjoyment of life, and non-economic damages;
• Medical expenses and ongoing medical bills;
• Lost wages and loss of earning capacity;
• Compensation for future care and rehabilitation;
• Financial loss related to out-of-pocket costs;
• Pre-judgment interest and legal costs;
• In rare cases, punitive damages.

The amount of compensation depends on the severity of the injuries, whether the harm involved traumatic brain injury or other catastrophic injuries, and how the injuries affect your life now and in the future.

How Injury Lawyers Build a Personal Injury Case

The first step in any personal injury case is developing a complete understanding of the facts. Injury lawyers conduct a detailed investigation into how the accident happened, who caused the injury, and the full scope of your bodily injuries and losses.

This process often involves collecting medical records, employment records, OHIP summaries, and other documentation. In some cases, expert witnesses may be consulted to help quantify damages or explain complex medical issues.

An experienced personal injury lawyer also ensures that nothing you say or do is used against you later, while guiding you through each step to navigate the legal process with confidence.

The Personal Injury Claims Process Explained

If a fair settlement offer is not made early, your lawyer may proceed with legal action. This typically begins with drafting a Statement of Claim, which formally outlines how the accident occurred, how negligence applies, and the compensation for your injuries being sought.

The defendant then files a Statement of Defence, often denying liability or disputing the extent of the injuries. If the matter does not resolve, the case proceeds to discovery, where both sides question witnesses and clarify disputed issues.

Many cases resolve through mediation before trial. If not, the matter may proceed further through the court system. Throughout this process, strong legal representation is critical to maximize compensation and protect your rights.

Compensation You Are Entitled To After an Accident

Accident victims may be entitled to compensation for physical injuries, emotional distress, medical expenses, lost wages, and compensation for future care. In Ontario, personal injury law operates within a no-fault insurance framework for auto accident claims, but injured parties may still pursue a lawsuit when certain thresholds are met.

The compensation you are entitled to will depend on the nature of the accident, whether negligence can be proven, and the long-term impact of the injuries. Our injury lawyers work to secure the maximum compensation possible and ensure you receive the fair compensation for your injuries that the law allows.

Working With Experienced Personal Injury Lawyers

Choosing the right personal injury lawyer matters. Experienced personal injury lawyers understand how to fight for your rights, assess the true value of a claim, and pursue higher compensation when appropriate.

Our lawyers work on a contingency basis, meaning you do not pay legal fees unless compensation is recovered. This allows injured individuals to seek legal counsel without added financial stress.

Free Consultation With One of Our Lawyers

If you have suffered harm due to someone else’s actions, it is important to seek legal advice as soon as possible. We at Bernstein Law Group offer a free consultation with one of our experienced injury lawyers so you can understand your rights and options before deciding how to proceed.

During your free consultation, we will explain whether you may be entitled to compensation, how to file a claim, and how we can help navigate the legal process on your behalf.

Contact Us to Seek Compensation

We work with accident victims, not insurance companies. Our focus is on helping injured individuals seek compensation, recover monetary compensation, and move forward with their lives.

If you or a loved one has been injured in an auto accident, slip and fall, medical malpractice incident, or other situation that may lead to personal injury claims, contact us today. Our experienced personal injury lawyers are here to help you pursue the compensation you deserve.

Contact us now for a free consultation and let us help you navigate the legal system and fight for your rights. We serve clients in Milton, Oakville, Dundas, Brantford, Stoney Creek, Burlington, Ancaster, and Cayuga.