What Are the Elements of a Negligence Case?

Negligence means more than just carelessness. In law, negligence is the breach of a standard of care owed to another causing injury. If an injured person proves that another person has acted negligently causing their injury, the injured person may seek to recover financial compensation for the harm done. That compensation may consist of pain and suffering damages, past and future income losses, medication expenses, property damages and future medical treatment costs, among others.

The amount of compensation an injured person can seek to recover is dependent on the facts of their case, especially the nature and extent of the injury, the medical evidence to support the injury and the damage done.

The time to seek compensation from the at-fault party is governed by a time limitation period. If you do not file a law suit against the at fault party with the Court by the required time limitation period, (assuming you have not settled with the at fault party before then) you will lose your right to pursue compensation from the party at fault. In Alberta you have 2 years from the date of the injury to file a law suit seeking compensation from the at fault party.

There are many examples of negligent conduct, a few of which are:

  • Motor vehicle accidents
  • Motorcycle accidents
  • Accident causing wrongful death
  • Distracted driving
  • Pedestrian accidents
  • Bicycle accidents
  • Recreational vehicle and boating accidents
  • Swimming and diving accidents
  • Public transportation accidents (such as bus accidents and taxi accidents)
  • Slip and falls
  • Unsafe premises
  • Defective products
  • Fires and explosions

If you or a loved one is injured as a result of someone else’s negligence, call Braithwaite Boyle today for your free initial consultation and speak to one of our experienced injury lawyers to get the help and advice you need.

Information provided by Stephanie Thomas, BSc (Honours), LLB.
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