When a British Columbia resident suffers an injury in an accident that was caused by another person, he or she may pursue recovery of damages. This can be done by filing a personal injury lawsuit in a civil court. However, successful presentation of such a claim will require proof of negligence, which could present quite a challenge.
When any person is reckless or careless in a way that creates unreasonable risks of harm, he or she is negligent. Any individual owes others a duty of care, and if he or she fails in that duty, and others suffer injuries, the victims may hold the negligent person liable for damages. The plaintiff must first show that the defendant owed a duty of care, and then prove that he or she failed in that duty. It may, for example, involve distracted or impaired driving.
The next thing to establish before the court is that this negligence caused the plaintiff harm, by showing that had it not been for the defendant’s actions, the injury would not have resulted. Furthermore, there will be a foreseeability test to determine whether the harm caused could have been anticipated. The next thing to prove to the court is documented evidence of losses such as medical reports and bills for physical injuries along with proof of lost income on wage reports.
Navigating a personal injury lawsuit can be a road full of obstacles. For this reason, many victims of injuries suffered in car accidents or other manners choose to utilise the services of an experienced British Columbia personal injury lawyer. Such a professional can gather the necessary evidence to establish negligence and pursue recovery of damages on behalf of the plaintiff. Along with financial losses, the lawyer may be able to achieve recovery of other damages such as pain and suffering, lost life enjoyment and more.
Source: FindLaw Canada, “Accident fault FAQ“, Accessed on Feb. 17, 2017