Personal Injury

Personal Injury

Personal injury law is one of the most significant areas in the body of civil law. The purpose of personal injury law is to bring financial compensation to victims of a wrongful action.

Some of the most common personal injury cases are car accidents, slip and fall accidents, dog bites, etc.

At Haller Law, we help clients injured by others’ negligent or intentional acts to claim the damage from the responsible party. As a founder of Haller Law, Jack Haller has a variety of skills necessary to win every case. His expertise in civil procedure allows him to carefully prepare pleadings and respond to the opposing party’s actions. Jack’s drafting and writing skills will help outline your claim to the court concisely and appealingly. Finally, his extensive experience in discovery procedures guarantees an effective collection of evidence in order to prove your claim.

Elements of Personal Injury

The grounds for personal injury liability are negligence, recklessness, and intentional conduct.

Recklessness is a wrongful behavior that a person knows or should know will cause harm.

Intentional conduct is causing harm on purpose.

However, negligence is the most common form of liability in personal injury cases. That is a failure to act carefully. Courts assess carelessness from the perspective of an ordinary reasonable person.

To succeed in a personal injury case, an injured person must prove the existence of four elements: duty, breach, causation, and damages.

First, the victim must prove that a responsible person possessed a duty to act carefully. For example, that is a duty of driving carefully and abiding by the traffic rules.

Next, the claimant must prove the breach of such duty. The defendant had an obligation to behave in a specific manner, but due to his/her carelessness, they breached the duty.

Further, there must be a causal link between the careless act and the accident. In other words, a wrongful act must lead to an accident with injuries. Otherwise, no one will be liable, regardless of their carelessness.

Finally, the victim must prove the damages they suffered. Without proving damages, an injured person cannot successfully claim compensation. (Pain and suffering and loss of income)

Comparative Negligence and Contributory Negligence

In some cases, the accident is a consequence of actions by several people, including the victim.

If the victim contributed to the accident, they might not fully be compensated for their damages.

No matter what type of personal injury you suffered, Mr. Haller will use his expertise acquired through years of litigating similar cases to help you collect evidence, present your case to the court and recover the damages.

Feel free to contact our firm for all of your litigation needs – (506) 204-1203 or jack@hallerlaw.ca.

Personal Injury Practice Area FAQs

  1. What Is Personal Injury Law?

Personal injury law is the area of private (civil) law governing legal liability for injuries one person inflicts on another. The rules apply to physical persons and corporations, enabling the victim to receive financial compensation due to the wrongful actions of others.

  1. What Are Examples of Personal Injuries?

The most common examples are car accidents, fall accidents, dog bites, assault and battery, and defective product design and manufacturing.

Typical examples of personal injury include inflicting physical pain, car accidents, (slip and fall accidents, dog bites, medical malpractice). Others involve damage to someone’s reputation and emotional well-being or a violation of rights (defamation, intentional infliction of emotional distress, legal malpractice).

  1. What Law Governs Personal Injuries in Canada?

In Canada, the prevailing portion of personal injury law belongs to the common law. The rules governing most personal injury cases (assault, battery, negligence, defamation) come from court rulings, primarily the Supreme Court of Canada. However, some areas of personal injury law in New Brunswick result from legislative statutes.

  1. Which Court Has Jurisdiction Over Personal Injury Claims?

Personal injury cases are under the jurisdiction of provincial courts. A government-appointed judge conducts the hearing and issues a binding decision, resolving the dispute for example, damages for pain and suffering and for loss of income.

  1. What Are Legal Grounds for Personal Injury Liability?

There are three grounds for personal injury liability: negligence, recklessness, and intentional conduct. The first ground relies on the premise of duty of care among members of civilized society. Failing to act carefully constitutes negligence. Legal and medical malpractice are typical examples of negligent personal injury cases. Recklessness means conducting in a certain way even though you know (or should know) that your actions will result in harm. The most common example of reckless behavior is car accidents. Finally, intentional conduct consists in injuring someone on purpose. An example is the infliction of emotional distress. Some intentional personal injuries are criminal offenses under the Criminal Code of Canada (assault and battery).

  1. How Do I Know If I Have a Valid Claim?

Before filing a personal injury claim, ensure you have a valid case. To win, you must prove the existence of the following personal injury elements: duty, breach, causation, and damages. As a victim, you must prove that the other person had a duty of care and failed to act carefully, breaching that duty. Drivers typically act negligently in car accidents, ignoring their duty of care to other drivers and pedestrians. In addition, you must show the causal link between the perpetrator’s wrongful actions and the accident – if there is no causation, you do not have a case. In the end, you must prove the damages you sustained result from their negligence because winning financial compensation is only possible if you have good evidence to support your claims.

  1. Should I Settle My Injury Claim?

That depends on the complexity of your case. In most cases, you want to get fair compensation as soon as possible, so settling your claim can be the best option. In other situations, bringing your claim to court and letting the judge resolve the dispute is a wiser solution. In both examples, you must have an experienced and knowledgeable personal injury lawyer representing your interests. Following their advice and recommendations is the surest way to recover the damages.

  1. What Is the Difference Between Comparative Negligence and Contributory Negligence in Personal Injury Cases?

If the victim contributed to the accident, it is called contributory negligence. An injured person may not be able to recover damages if they are partly liable for causing the accident. On the other hand, comparative negligence is a situation in which more than one person caused the accident, meaning that the victim can seek compensation from multiple defendants, such as several drivers in a car accident.

  1. What Are the Skills of a Good Personal Injury Lawyer?

A personal injury lawyer should possess various qualities. Knowing the rules of civil procedure is crucial – without such skill, preparing and filing pleadings and responses would have been ineffective. Research and writing skills enable lawyers to present the case concisely and convincingly, and being well-versed in discovery procedures is vital for gathering evidence on behalf of the clients. A good lawyer should also possess considerable negotiation skills because most personal injury cases end outside of court – through negotiations and settling.

  1. Why Should I Choose Haller Law?

Mr. Jack Haller, a founder of Haller Law, has all the skills you need from a top-notch personal injury lawyer. He has been a civil litigator since 2004.

Knowing the nuances of civil procedure allows him to build a winning strategy in your case, whereas research, writing, and oratory skills make him a daunting adversary in the courtroom.

Fluent in English, French, and Spanish, Jack is available for clients coming from different social backgrounds. The initial consultation is always free and confidential. Feel free to call Jack at (506) 204-1203 or email him at jack@hallerlaw.ca.