In Quebec, a person cannot take the law into his own hands. The right step is to claim damages from the person or entity that caused you harm.
By filing a civil liability lawsuit with the help of a lawyer, you can be compensated for the trouble or injury you have suffered.
However, there are strict conditions of proof and cause that are required to obtain compensation. Your best chance to be compensated for a personal injury or material or moral damage is to contact a lawyer specializing in civil liability.
With the help of JuriGo, you can find a civil liability lawyer very quickly!
How does a civil liability claim work in Quebec?
A civil liability claim allows an injured person to claim compensation from the person who caused the injury. This is done by presenting a request to the competent court, subject to a possible out-of-court settlement, of course.
What is important to know is that the basis for a civil liability claim is the legal duty not to cause harm to others according to the rules of conduct that are appropriate under thecircumstances. This is a general duty that appears in the Civil Code of Quebec and is imposed on every person.
A civil liability case is a remedial function, not a punitive one! Indeed, the purpose of liability is not to punish the wrongdoer but rather to repair the prejudice caused so as to restore the victim to the state he or she was in before the incident. This explains why monetary damages are paid corresponding to the amount necessary to compensate the victim, not to enrich him or her.
This duty extends not only to the individual himself or herself but also to the property and persons in his or her custody. This refers to children and persons of mature age whom he is required to supervise and educate in the first place.
As far as property liability is concerned, it refers to the property that the individual accused of wrongdoing is supposed to have in his custody, whether it is a house, building or any other property!
Are you in a situation where your personal liability could be at stake? Are you thinking of taking action against someone else? Don't get carried away just yet, several conditions must be met before you can claim victory!
The conditions for winning a civil liability claim
The requirements for a tort claim must include these three elements: Fault, Injury, and a Causal connection between the defendant's fault and the plaintiff's alleged injury.
Each of these elements must be shown to be more likely than not to have occurred.
Proving fault consists of demonstrating that the actions were not consistent with that of a reasonable person, sometimes referred to as what "a good father" would have done under the same circumstances. This is when lawyers do their utmost to convince the judge of what constitutes unreasonable behavior.
Demonstrating actual harm is a second step that is more complex than it seems. We are talking about the damage to a legally protected interest which must first be certain. If it is a future loss or damage, there is still a possibility of being compensated but the probability that it will materialize must be clear. As for the type of damage that can be compensated, the law recognizes bodily, moral, and material damages.
Establishing the causal link is a second key step and consists of proving that the harm suffered is, indeed, the cause of the mistake done. Since this is a civil remedy, the law only requires that it is more likely than not that the fault caused the injury.
Proving that the conditions for a civil liability claim have been met will require a factual basis. This is why it is important to hire a good lawyer who specializes in this type of claim.
How will a lawyer defend you against a lawsuit for damages?
Obviously, the law does not offer the tort claim as a weapon to injured parties without providing defendants with legitimate protection. These defenses can sometimes lower the monetary compensation to be paid to the victim and, at times, even release the wrongdoer of all liability!
Victim fault, also referred to by some as "contributory fault", is the assertion that although the defendant was at fault, the victim compounded the harm suffered by being negligent.
Depending on the level of negligence, liability will be shared proportionately between the victim and the wrongdoer which will reduce the amount awarded in damages.
Obviously, the more the victim has contributed to his or her own injury, the less the defendant will receive in damages, which may even result in a complete dismissal of the case.
Force majeure is a very rare defence under the law as it involves claiming that an unforeseeable "Act of God" external to the defendant caused the victim's injury. When force majeure is successfully invoked, the remedy disappears completely.
Another defense is the assumption of the risk theory which asserts that the victim, prior to suffering his or her injury, knew and accepted the fact that the activity in which he or she was engaged in presented inherent risks.
Like the victim's fault, this defence does not automatically cause the victim to lose the right to compensation but allows the defendant to mitigate his or her share of the liability. In any event, the defendant must still be at fault for the injured person to claim damages!
If you have participated in a less risky activity, such as a go-kart race, downhill skiing, skydiving, etc., the chances are that the company responsible for the activity has made you sign a limitation of liability clause.
Better known as a "waiver", you should know that such a document is rarely valid. In fact, Quebec law prohibits any person from releasing himself in advance from bodily or moral damages caused to others.
This means that a waiver, while common, is invalid, something a liability lawyer will be sure to point out to you!
What do you get after a liability claim with a lawyer?
The moment you have been waiting for: the result of a successful civil liability lawsuit! We remind you of what we said at the outset - the purpose of a civil liability lawsuit is to compensate you for the harm you've suffered, not to enrich you at the expense of the wrongdoer.
This is why compensatory damages are the "default" option in the Civil Code when it does not indicate a contrary form. This is with good reason since the payment of compensatory damages makes it possible to restore the victim's condition to its original state.
As for default damages, these are compensated only when the damage results from the delay in the execution of an obligation. This type of damage is divided into the interest to which the creditor is automatically entitled or the additional compensation for the prejudice suffered.
Finally, punitive damages are those that the law allows to be awarded when a person has committed a serious wrongdoing intentionally. Unlike other types of damages, punitive damages also serve a punitive function aimed at preventing recidivism. The amount awarded is therefore necessarily higher.
How are damages assessed? In the case of punitive damages, the court will determine the amount by evaluating the seriousness of the fault, the financial situation of the wrongdoer, the reparation he or she has already made to the victim, and whether or not an insurer will pay compensation.
With regards to compensatory damages, the court has broad discretion to determine the amount awarded but it must always evaluate the prejudice on the day of the judgment and the compensation must be awarded "once and for all" to prevent the victim from suing the wrongdoer several times.
There is only one exception to this principle and that is the judge's power to set a three-year review period in a personal injury situation, allowing a victim whose injuries have worsened to claim more compensation.
Let JuriGo find a Civil Liability Lawyer for You!
At this point, you should understand that proving that someone has caused harm to you is not as easy as you might think.
Even if the burden of proof is lower than in criminal law, the defendant still has several defences available to him to dispute your claim.
Of course, your lawyer also has more than one trick up his sleeve! Proving the reality and the concrete consequences of your injury is his specialty; an expertise that is within your reach!
Indeed, JuriGo's partners are specialists in civil liability claims, whether you are on the victim's or the defendant's side!
Contact JuriGo now and explain your situation using our online form below and we will find a lawyer who can help you!