10/11/2017 0 Comments
When to Sue for Personal Injury or Wrongful Death
When you have suffered a personal injury or a family member has suffered a wrongful death, it can be difficult to decide whether to commence a claim for compensation. There are a number of factors to consider.
Do You Have a Legal Claim?
In order to have a legal claim for compensation, someone else must be at least partially at fault for the injury or wrongful death. In other words, it must be possible to establish liability.
There are many different types of fault. In a motor vehicle accident claim, another driver may have been negligent or a public authority or road contractor may have failed to keep the road in safe repair.
Even if you are partially at fault for your injury, you may still have a claim if someone else is also at fault.
The Vancouver personal injury and wrongful death lawyers at Bronson Jones & Company LLP are experienced in assessing legal claims. They frequently field questions such as:
- Do I have a valid claim even though the ICBC adjuster told me I’m at fault?
- If I was charged with a Motor Vehicle Act offence in connection with the accident, do I still have a valid claim?
- When a person dies in an accident, which family members have a valid claim for compensation?
- If I commence a legal claim and lose, what are the financial implications?
- Who do I sue if I was injured in a hit-and-run?
- Do I have a motor vehicle accident claim even if my vehicle was not damaged?
Has There Been an Injury or Wrongful Death?
In addition to having a legal claim against someone, the claimant must also have suffered damage. The injury can vary from moderate to severe. There are many different types of injuries, from broken bones to internal injuries, from whiplash to exacerbation of a previous condition. Not all injuries are physical. Psychological trauma can have a devastating effect on a person’s ability to work or carry out the activities of daily life.
If a family member has been killed as a result of the fault or carelessness of someone else, you may have a wrongful death claim for compensation under the Family Compensation Act.
At Bronson Jones & Company LLP, our lawyers are experienced in fielding questions about damages such as:
- What type of compensation can I expect to receive for my injuries?
- What should I do if I still do not know the full extent of my injuries?
- Do I have a claim when my injuries were worsened by a subsequent accident?
- What type of compensation might I receive if my injuries make it difficult to work?
- Can I get compensation for my inability to carry out housekeeping activities?
- I am worried that my injury will cause me to retire earlier than expected. Do I have a claim for that?
- What types of medical expenses will be compensated if I make a legal claim?
- What type of compensation might I receive if a loved one was killed in an accident?
Have the Time Limits Passed?
If you wait too long to commence a personal injury or wrongful death claim, you may have lost your right to do so. Limitation periods are time limits placed on your ability to make a claim. This is based on the principle that no one should “sit on his rights” for an unreasonable period of time. It is important that you obtain legal advice early so that you can avoid the expiration of a limitation period.
Advice from Vancouver Wrongful Death Lawyers
There are a number of complicated factors to consider in deciding whether to sue for personal injury or wrongful death. Do not try to make this important decision without sound legal advice.
Call us at Bronson Jones & Company LLP for a free consultation about your case. A Vancouver wrongful death lawyer from our firm will explain the requirements of a legal claim, the process and the applicable time limits. Since we work only for injured victims, we have extensive experience assisting people in making this difficult decision.