Personal injury is one of the most serious types of damages in tort law. In some cases, victims' lives are changed forever and their only hope of returning to normalcy is to obtain monetary compensation. This is where the value of suing for a personal injury caused by the fault of a third party lies.
This type of case is actually a civil liability action filed to obtain compensation for damages. You must act quickly, however, because the clock is ticking and your time limit for seeking compensation may be up without you even knowing it!
Here's everything you need to know about personal injury damages. Contact JuriGo to discuss your situation with a personal injury lawyer!
What are the requirements for obtaining compensation for a personal injury?
A lawsuit following a personal injury is nothing more than a civil liability action. Thus, all the conditions of this recourse must be met to prove the liability of the other party and claim compensation.
There must be a fault, that is, a deviation from the behaviour of a reasonable person under the same circumstances, based on the standards of a "good father".
There must also be actual harm. An injury is an infringement of a legally protected interest which is the case of physical pain and suffering caused by a third party. Finally, it is essential to establish a causal link between the negligence of an individual and the alleged prejudice, which in this case, is personal injury.
All of these elements must be presented to be more likely than not to have occurred. As long as this is accomplished, the culprit is held liable and compensation can be demanded.
However, you must bring take action promptly. Otherwise, you might miss your opportunity to prove your case.
Deadlines for filing a claim for damages
To prevent individuals of different generations to sue one another for an injury that happened many years ago, statutes of limitations apply. Once these time limits have passed, you lose your right to sue for a personal injury . However, there are several exceptions that are important to know!
As a general rule, the common legal timeframe applicable, unless there are extenuating circumstances, is 3 years from the time you became aware of your rights. Indeed, the period is calculated from the moment an individual becomes aware of the harm he has suffered, and not from the moment the harm was actually done.
For example, a person who was punched in the head on the day of his 18th birthday but only realizes the injury or damage sustained at the age of 22 can still file a claim against the perpetrator for 3 years. The time limit begins from awareness of the fact. Obviously, such delays can complicate the proof of causation given the long delay between the two incidents but the principle remains applicable.
If the injury is caused by the negligence of a municipality, the law allows the filing of a case within 6 months. A notice must also be sent within 15 days of the incident. Bringing an action against a municipality is not easy, however, as the standards of fault are quite demanding.
The time limit for bringing an action for personal injury resulting from a criminal act is 10 years from the day the victim learns that his or her injury can be attributed to the criminal act in question . This explains why lawsuits can be filed some 20 years after the crime was committed despite the 10-year time limit; sometimes the person does not become aware of the connection or is unable to act sooner.
As of 2020, there is no longer any time limit for victims of sexual violence ; in the past, the limitation period was 30 years but the Civil Code of Quebec was recently amended to abolish this time limit, thus allowing victims to file a case whenever they are ready to do so.
When does the time limit start to run against your appeal? Some exceptions!
As mentioned, the prescription period for bodily injury begins to run from awareness of the injury. However, certain situations mitigate and even destroy this principle either because of a factual situation or a situation provided for by law. Here are some examples that may apply to your situation!
Specifically, prescription does not run against married couples. This means that during the union, the limitation period is paused and does not begin to run until the dissolution of the union, such as divorce.
This provision aims to prevent spouses from being sued during the union for fear of limitation periods. Note, however, that only married couples can take advantage of this exception to the time limit; common-law couples do not have such rights.
Can the unborn child sue for damage caused during pregnancy? Absolutely! This principle was recognized by case law many decades ago. This implies that a child who suffered harm while in his mother’s womb can sue and the prescription does not begin to run until he is born.
Moreover, prescription does not run against minors who file a case against their representatives, or against minors who have been victims of criminal acts resulting from the commission of a crime. The same rule also applies to adults under protection.
More importantly , the statute of limitations does not run against the person who is unable to act. This is all the more relevant in the case of victims of bodily injury. Indeed, this legal principle implies that a person who does not have the physical or psychological capacity to file a case cannot comply with a limitation period. Let's take a very illustrative example, that of the person in a coma; the time certainly does not run while she is in a comatose state.
The inability to act may also relate to psychological rather than physical incapacity. In particular, the courts have recognized that a victim of sexual assault could be unable to act because of the significant psychological consequences preventing her from pursuing legal action against her attacker within the prescribed time.
This implies that for all these people, the prescription is suspended and they can bring their action for bodily injury when their incapacity to act ceases.
What compensation can you get from a personal injury lawsuit?
Compensation for damages awarded following bodily injury aims to restore the victim to their initial condition. Quebec law does not allow the enrichment of an injured person at the expense of the wrongdoer. This is why the indemnity is limited to what is necessary to compensate the victim.
In the case of bodily injury, the assessment of the damage takes into account the costs of adapting the residence and the car if necessary, the loss of income, and also future losses. This loss of the ability to earn wages is measured by the income received by the victim throughout his working life.
It is also possible to claim compensation for pain and suffering; a personalized method will be applied to the victim by considering objective and subjective aspects according to the judge’s assessment. Punitive damages may also be requested if the fault was intentional.
General rule: Can you claim more compensation if your condition deteriorates? Bodily harm is unique as a physical condition may deteriorate after a judgment is rendered.
This is ill-suited to the principle that a sentence is final, and that is why the law cuts the ball in half by providing that the person who is the victim of bodily harm may apply to the court within 3 years of the judgment to claim additional compensation if his condition was not sufficiently stable at the time of the first judgment.
Automobile and Workplace Accidents: Important Exceptions!
Automobile accidents and work-related accidents are both no-fault situations . This means that if you suffer bodily injury due to an automobile accident, your recourse cannot be brought before the common law courts against the motorist or the employer at fault because these operate under no-fault systems.
The role of the SAAQ, for example, is to compensate motorists who are injured in accidents, notably by paying income replacement benefits, reimbursing medical expenses, or paying for various treatments and care devices.
The CNESST plays a similar role to the SAAQ in that it performs the same function, but in connection to work-related accidents. Thus, an employee who is injured in the workplace has recourse only to the CNESST and cannot sue his employer, with certain exceptions.
If your injury is the result of such a situation, you are not deprived of recourse! Lawyers specialize in settling cases with the SAAQ, CNESST, and IVAC. Contact JuriGo to Find a lawyer for your case!
File an appeal fast with a JuriGo partner lawyer!
Whatever the prescription period is in your situation, the best time to speak to a lawyer is now.
The sooner you act, the more time you will have to prepare a strong and convincing case for the judge. To get compensation for bodily injury, the strength of your case can spell the difference between defeat and the desired restitution.
JuriGo will put you in contact with lawyers specializing in civil liability to help with your case. All you have to do is explain your situation by filling out the form at the bottom of the page.
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