Personal Injury: Its Nature and What It Covers

By: Mike Clark | Posted: 03rd October 2011

In law, personal injury doesn’t pertain to a person’s wound or fracture although they are considered related. It is referred to as any harm inflicted to an entity by another entity due to negligence. This covers physical, mental, and emotional aspects of a person. However, this isn’t as simple as it sounds. There are some conditions that first need to be verified before one can make a legal move against another body.

The public’s safety, for instance, is one example of a factor that should be acknowledged by companies. If an incident occurs where a person is harmed due to insufficient safety measures, such as tripping on a floor without a hazard sign, the establishment would be held responsible for the affected individual.

There are also cases where a person dies due to carelessness and will require claim from the one responsible for the death; this is termed as a wrongful death. However, a lawsuit of this nature must possess some prerequisites in order to be considered as such. The first criterion is that the death should entirely be a result of the accused party’s actions. Next is the fact that the action should be proven to be a reckless act or else the death wouldn’t be counted as such.

The third condition to warrant a wrongful death is that the victim should have an existing relative who can accumulate and keep the damages. Injury lawyers Ottawa are the ones responsible for authenticating this. The last condition is that there must be a computation of all the monetary damages that should be paid by the accused.

Penalties are based on the things that would be affected due to the loss of the person, such as the expenses related to the person’s death, future profit, cancellation of the person’s benefits, and loss of inheritance. This also includes the pain and emotional injury caused to the family of the deceased. These are all arranged by an injury lawyer Ottawa as well.

Defamation is another thing handled by kanata lawyers. It is a false claim about an individual, causing harm to the person. It can be in the form of writing (libel) or verbal medium (slander).
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Tags: criterion, carelessness, prerequisites, negligence, fracture, defamation, personal injury, injury lawyer, monetary damages, cancellation, inheritance, safety measures, injury lawyers, wrongful death, emotional aspects, ottawa