Elements of An Injury Case Explained By A Personal Injury Lawyer In St. Catharines

On a general note, anyone would only know that a personal injury is an injury where the plaintiff has been injured due to the negligence or misconduct of a defendant. However, there is much more to the definition of personal injury law that actually deals with civil law for liability of actions. The cause is physical injury or damage to a person or property. On a broader aspect, personal injury law is divided into three main elements, including, intentional torts, strict liability and negligence. You need to be aware of the main elements of an injury case before you ask for help of an experienced Personal Injury Lawyer in St. Catharines.


Intentional Torts: According to a professional Personal Injury Lawyer in St. Catharines, there are instances when an injury or damage is done by intention. Intentional torts have certain factors like:


Intention: It simply means that there is a purpose or intention for the defendant to harm the plaintiff.


Causation: By causation, in intentional torts, we mean that there should be a direct link between the injury and the intentional act of the defendant.


Damages: The biggest damage compensation in such injury cases is for emotional distress and suffering.


Strict Liability: As per a professional Personal Injury Lawyer in St. Catharines, second main element of an injury case is strict liability which is further divided into other factors:


Specific Activity: Strict liability refers to some specific injury cases like dog or animal attacks, product defects and hazardous chemical possession or transportation.


Causation: Here, a plaintiff is allowed to get compensation only for a regulated activity that is the main cause for an injury.


Damage: This refers to limited damage compensation in special cases, where you are either allowed to get a defected product replaced or get your money back, but not both.


Negligence: Lastly and most importantly, a vital role is played by the negligence factor in establishing a case as a personal injury case. According to an expert Personal Injury Lawyer in St. Catharines, negligence in itself carries a number of other elements like:


•    Duty &Breach of Duty: There is always a duty of care of the defendant towards plaintiff and if any action brings a breach of duty, then the negligence is automatically proven in an injury case.
•    Causation: As per a professional Personal Injury Lawyer in St. Catharines, there must be a proper link between the breach of duty and the damage done to a person. You must be able to prove that a fault in someone’s action resulted in an injury or damage to you.
•    Damage: This is the most talked about element of a personal injury case, where the plaintiff has a legal right to fight for damage compensation due to an injury or accident.
•    Statute of Limitations: It is very important to stick to a valid statute of limitation while filing a legal lawsuit for a personal injury against a defendant. Any case filed out of this time period. For more information visit Our Website