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.