Suing for damages you got from an accident due to another person’s negligence is ethical and the victim’s citizen right. Despite the severity of the injuries from an accident, it may cause further damages to your property or even mental health. Getting compensation in this situation is the best possible outcome.
To claim compensation for damages or any personal injury, you will have to sue the negligent party. You may think that the guilty party or insurance companies should themselves pay for the damages.
However, it does not always work like that. You will end up in court suing the alleged person for damages from the accident. This article is perfect for everything you should know about suing someone for damages.
Understanding the Civil Lawsuit
The process of resolving disputes between personnel or between a person and a party in court is called a civil lawsuit. When there is a breach of contract, one party damages another’s property or accidentally injures another person, and the victim sues the negligent party under the civil lawsuit. The suing for damages in a civil lawsuit is called a tort claim.
Tort claims are damages caused by negligent drivers, doctors, physicians, or property owners. A person sues another for tort claim under the impression of the negligent party being below the standard of reasonable care and responsibility.
When you sue someone for damages under a civil lawsuit, you become a plaintiff while the negligent party becomes a defendant. Usually, there are lawyers from both the side to fight the lawsuit.
However, you should consider claiming compensation for damages either from the negligent party or the insurance company. If your lawyer cannot negotiate outside the court, the best option is to sue for the defendant’s damages.
Read Also: Accident Claim Time Limit in Canada
Important Factors to Consider about Suing for Damages
When you are suing someone under the lawsuit, your purpose is to fix the damages and not punish the other party. You may sue to recover any medical bills from personal injury, rehabilitation, income loss, and emotional pain and suffering. And winning the court war requires a lot of factors to look into before you decide to sue someone.
The cause of action
When you decide to sue someone, the cause of the damage must comply with the causes recognized by the court. Therefore, the cause of the damage must not dissatisfy the court list of causes.
Authentication of damages
Whatever damages you are suing for, you will have to prove your claim’s authenticity through proper pieces of evidence.
The timing of the lawsuit
There is a specific time limit to sue someone or a party for damages they have caused. You must not exceed the limit. Moreover, you should also wait until you are aware of the extent of your damages.
The risks and award
Suing for damages under a lawsuit is not cheap. There are so many costs underneath the already occurred costs of the injuries you have gone through. Nevertheless, if you can prove your claim, the reward is much awarding. As a result, it is crucial to understand and examine the chances of winning despite its risks.
Complete Process of Suing for Damages
There are 6 distinct steps involved in suing someone for damages.
Your lawyer will investigate each relevant piece of evidence. For example, police records, medical bills, witness interviews, and others to make a strong case in support of your claim.
Constructing the proclamation of the claim
Your lawyer will prepare a statement in support of your claim and send the statement to the court. Another copy will be sent to the defendant (s). It includes every piece of evidence and the reasons behind the sue.
Testimony of defense
Once the defendant has received the plaintiff’s claim statement, the defendant will send his or her defense testimony to the court. The defendant usually provides his or her side and includes any defense against the plaintiff.
Disclosure of evidence
In this stage, the two parties exchange every piece of evidence and documents with each other. The lawyers may pose questions to each other, and the parties are bound to answer them. Moreover, the witness goes under oath and answers any queries of the lawyers of the two parties.
After exchanging documents, the two parties meet with each other outside the court to settle a negotiation of the case. If things do not work out between them, they can go to a judge and prepare for trial.
In the last stage, the plaintiff’s burden to prove his or her suing claim in front of the judge and the juries. The defendant has an opportunity to cross-examine the pieces of evidence and present his or her evidence opposing the plaintiff’s claim.
The Pieces of Evidence You will Need
It is undoubtedly crucial to gather evidence in support of your claim. Here are some essential pieces of evidence that you must present while negotiating or in the trial.
Medical bills and prescriptions are the two most significant documents you will need. These are important in showing your personal injuries.
A police report has everything in the record of the incident that caused damage to your life or property. However, every claim may not imply any police report.
Pictures and witnesses
If you were clever enough, you might have taken pictures from the scene of the accident or of the damaged property. These pictures can help you in better proving your claim. Besides, if any eyewitness of the incident can support your claim, do not hesitate to ask for their assistance.
What Kinds of Personal Injuries Can You Sue for in Canada?
Canadian law allows a victim of an accident or unlawful incident to make a suing for damage case in court. This includes wrongful death and suing for personal injuries as well.
There are many types of personal injuries that you can sue for in Canada. Starting from dog bites to any injury from boating and other severe vehicle accident injuries can be claimed through suing under the lawsuit.
Furthermore, the country allows its people to sue someone on the grounds of other pain and suffering as well. This involves any mental and emotional damages, stress, disorder, trauma, and many more.
Suing for Damages: Factors for Claiming Compensation
Pain and suffering involve both physical injuries and mental or emotional trauma. In a lawsuit, the amount of pain and suffering varies according to the severity of the damage.
Nevertheless, you can expect to sue for between $12,000 up to $250,000. The amount of money changes every year and really depends on the seriousness of your injuries.
Furthermore, there are several aspects to consider this issue. For instance, the kind of accident plays a huge role in determining the sue’s monetary value.
In addition to this, the degree of the injury, the severity of the injury, the kind of evidence you present, and many other factors affect the amount of sue for pain and suffering.
Where Should You, Sue?
Another crucial thing to consider is the courts where you can sue for damages. There are 2 places in Canada when you can file a lawsuit.
Small claims court
If your claim is not more than $35,000, you can file your lawsuit in the small claims court. This amount is calculated without accumulating interests and other costs.
Superior Court of Justice
If your claim is more than $35,000, you should file a lawsuit in the Superior Court of Justice. However, if the Federal Court controls your case, you cannot sue anyone in the Superior Court of Justice.
Filing a lawsuit in the claim of compensation for any damages upon you is an important task. This is why you should know everything basic about suing for damages. Obviously, there are lawyers to assist, but this might give you a winning boost in your lawsuit claims in the future.