Differences Between Personal Injury Cases In Canada And The United States

A personal injury case may be unfamiliar to some and this article will help explain the details to better understand what all a personal injury case will represent and to determine if you should file one as well.

1. The Role of Federal Courts

There are multiple provincial as well as state governments that help to determine and rule in these types of cases. The federal courts in the U. Shave two types of jurisdiction. When a lawsuit is filed, the case will need to follow the law in order to be legal.

2. Contributory Negligence

Determining who is at fault in a personal injury claim is something that a good attorney can do however, it’s not always simple and easy to do and will require a lot of time spent preparing for the case. Contributory negligence is a reference to an older law that states that the plaintiff is not allowed to recover any compensation after an accident if he or she is at fault. Today, this rule is still practiced but only in certain states.

3. Damages for Pain and Suffering

In the United States, the law is clear that if you want to recover from an accident, pain and suffering should also be included in your claim. When a claim includes

Pain and suffering, this is not because the person that was injured needs some extra spending money, it means that the person that was involved in the accident can’t function like he/she normally would in life with feeling pain and cannot go to work, take care of their home, run errands, or take care of their family like they normally do. Courts will acknowledge this type of claim when presented in court. The amount requested in the claim may not always be awarded but if the judge finds due cause for this type of compensation, he or she will adjust the compensation awarded accordingly.

4. Costs

Filing a claim in the United States courts is not a cheap process. The basic rule is simple; The United States adopted what is known as the American Rule which simply agrees that each party involved in a lawsuit will handle his or her own cost for filing a claim through the court system. This system takes the strain off of one party or the other. You can also sue for court cost in your claim to get your money back if the costs are high.

It’s important to note the changes in the judicial system in Canada, so you will know when you need to file a claim. Hiring a personal injury lawyer in Hamilton to represent you will increase the chances of you winning your case and filing the right paperwork in order to be processed as it happens.