Do You Have A Personal Injury Claim?

If you’ve been involved in a car accident of any kind and you want to decide whether to sue the driver who has been at fault is definitely a challenging decision. The truth is that the litigation process is tedious and oftentimes, contentious and long. The right, however, to sue is limited in Ontario and the provisions for this are contained within the Insurance Act. The same requires for the injured party to have suffered a permanent as well as a serious impairment on a very important mental, psychological or physical function. With this in mind, this is pretty much the threshold which is considered by the majority of lawyers who act for the plaintiffs and for the insurers.

With this in mind, it is quite obvious that raising a case before the court is something quite challenging and you need to be sure that you do have the necessary legal merit to do so. Therefore, you should consider the impact and the limitations that the injury has had on your life. Some victims are left partially disabled and need caregivers while others escape with minor injuries. And then there are those who are left completely paralyzed or disabled for life. That is why with plenty of varied levels of injuries, it is difficult to categorize or standardize tort claims.

Of course, there are many features and aspects that you need to account for, when it comes to it. For instance, a permanent impairment doesn’t mean that this is an injury that you have to carry forever. Rather, it mainly entails that you are in a weakened condition which is going to last for the indefinite future and it has no end or limit. This is something which needs to be actively supported by at least two different medical doctors.

On the other hand, a serious impairment is a definition which relates to the overall seriousness of said impairment to you and not the injury itself. With this in mind, a broken arm could be devastating for a professional tennis player and something fairly inconsiderable for the regular person.

Another thing that you need to consider is that there is an important function which actually looks at the level of impairments as well as the overall physical restrictions on the life of the person who has been injured. Physical impairments including the usual abilities to bend, walk or sit, for instance, are looked at. Additionally, there are cognitive issues such as your concentration and memory which should also be taken into account when it comes to it.

All in all, it is quite obvious that you would have to rely on the assistance of a professional personal injury lawyer to help you out in this particular regard. With this in mind, it is important to make sure that you get someone with the necessary experience who can make sure that you get the compensation which you are actually entitled to.