What is Personal Injury?

Read up on everything you need to know about Personal Injury. What to do if you have one, making a claim and case, finding the right lawyer for you, etc. We’re here to help you every step of the way and make the process as transparent as possible.

What is a Personal Injury Claim?

In general terms a personal injury claim is hurt or damage sustained by someone due to another person’s negligence. In minor forms, personal injuries could result in cuts, bruises, or broken limbs, but in the major cases, it could result in serious brain or catastrophic injury.

If you have a personal injury claim you can file a personal injury case against the party responsible for fair compensation. A case can be settled in a ‘formal lawsuit’ where the individual injured files against the person or entity they claim responsible, or as more often the case can be settled in an ‘informal settlement’ between the parties involved, insurers, and attorneys. We recommend talking directly to a Lerner’s personal injury lawyer to help you determine your case and what options you have to carry the process forward.

A personal injury lawyer covers legal representation for cases that fall under personal injury law including work injuries, automobile and other accidents, defective products, medical mistakes and slip and fall accidents. In these times of hardship when an individual’s sole focus is on recovery, the prime benefits of a personal injury lawyer involves their support throughout the entire process of a personal injury claim. Starting with the initial evaluation of the case, researching and collecting evidence to build the case, and always having the clients best interests in mind. At the end of the process, a personal injury lawyer will have fought for their client to obtain all reasonable compensations for their loss.

Now you may be wondering, ‘What is considered to be a Personal Injury?’ This is any injury sustained that would be detrimental to your health or standard of living caused by the negligence of another party. Every situation is different, and the degree of negligence or liability varies case by case.

What is the definition of Personal Injury Law?

Contrast to criminal law, personal injury law does not involve the government prosecuting the person at fault. Instead it seeks compensation for harm caused by negligent actions. Examples of negligence may include car accidents caused by drunk drivers or medical complications due to physician’s carelessness. In other words, the responsible party has ignored the potential risks and danger that may be caused to others. Personal Injury law looks to seek liability from those parties and reward compensation those who have been injured.

How long do you have to make a personal injury claim?

If you are looking to file a claim, the good news is that there is no amount of time you have to wait before you can start your claim. In fact, the earlier the process starts, the more likely chance you have to gather evidence from witnesses and be able to clearly recall the events of the injury.

If some time has passed since the injury occurred, the general rule for adults to make a personal injury claim is three years from the date of the accident or incident. The rules relating to a child’s personal injury are slightly different in that a child has three years from the date of his/hers 18th birthday to file a claim, giving both the parent or guardian the choice to file the claim, or giving the child at the age of maturity the choice to file the claim.

Although there are set term limits to file the claim, the duration to actually settle a personal injury claim is very hard to determine, and will depend on a case by case scenario. Often the following factors will impact the length of time it may take:

  • If the insurance company is cooperative and responsive
  • How long it takes for the doctors to provide a comprehensive report on the injury and its
    long term implications on an individual’s health
  • How long it may take to obtain a trial date

All in all, you want to work with a personal injury lawyer that is attentive and responsive, while being understanding of your recovery situation. However long it may take to settle your personal injury claim, you want to make sure you have all the trust in your personal injury lawyer to fight for you and obtain the maximum compensation you’re entitled to.

Here are some examples of common personal Injury claims:

  • Car, Motorcycle, Boating, Snowmobile accidents
  • Medical and professional malpractice
  • Premises liability- Slip and Fall Claims
  • Product liability- Defective or dangerous products
  • Wrongful death
  • Brain Injuries
  • Animal and Dog Bite Injuries
  • Sexual Assault Claims

Getting started with the process of picking your personal injury lawyer

Consult with a Lerners’ Personal Injury Lawyer

Contact a Lerners office near you or search for a personal injury lawyer by name.

Our consultation is completely free. If you've been injured, you need a Lerners Lawyer. Fill out the form to get started.

Most importantly, we're here not only to help you with your legal challenges but help you navigate insurance issues and help you find the kind of treatment you need to reclaim the best possible quality of life. Our personal injury lawyers serve all of Ontario, and while we have offices in London, Toronto, and Owen Sound, we'll always be where you need us to be - at your home, in the hospital, or in our offices.

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