What is the law if I sustained a brain injury?
The law is complex. So complex that to refer to it as a single entity, the law, is to massively underestimate the cornucopia of schedules, regulations, and precedents that make up the scope and justify the reasoning of our legal system. Naturally, then, a question like “What is the law if I sustained a brain injury?” is somewhat fraught. There’s no single answer, since the applicable laws differ significantly depending on the conditions that brought about your injury. Still, if you sustain a brain injury in Ontario, this post can help you get a handle on which laws apply to your situation, getting you closer to the compensation you’re owed.
Where did the injury occur?
The ultimate key to injury law is the assignation of fault. As such, the circumstances surrounding a brain injury are legally important, including where and how the injury took place.
- In an Automobile
- If a brain injury occurs as a result of an automobile accident, the applicable laws are found in the Insurance Act of Ontario, because all drivers are required by law to have automobile insurance.
- The Insurance Act guarantees that insurance providers follow certain behaviours; for example, insurers are liable for a minimum of $200,000 for the insured’s injury, death, and loss of or damage to property.
- On Private Property
- If an injury occurs on any premises (e.g. a house, a boat, a train, etc.), the occupier (i.e. owner or person responsible) for that premises is deemed liable for any injuries sustained.
- By law, “an occupier of premises owes a duty…to see that persons entering on the premises…are reasonably safe while on the premises".
Who is at fault?
As above, fault is established differently depending on the context of the injury. In the case of a car accident, fault is very clearly delineated by Ontario’s Fault Determination Rules, which divide accidents into categories for automobiles travelling:
- in the same direction and lane,
- in the same direction and adjacent lanes,
- in opposite directions,
- in an intersection,
- in parking lots,
- and in other circumstances.
Easy-to-understand diagrams accompany these categories in order to remove any vagueness. The rules also divide fault into three degrees: 0%, 50%, and 100%. Thus, a driver found only 50% at fault would pay half of the damages otherwise owed.
In other injury circumstances, liability is determined based on the Negligence Act of Ontario. An important subsection of this act specifies that a plaintiff may be guilty of “contributory negligence”, meaning that, if they are judged partially at fault, the court may apportion part of the damages to the injured person themselves.
Who can claim damages?
In most cases, the injured person will claim any damages directly. However, under Ontario’s Family Law Act, family members may also recover pecuniary losses that they have suffered as a result of their relative’s injury.
What’s next?
So, if you find yourself in the unfortunate situation of asking “What is the law if I sustained a brain injury?”, review this article and give yourself a foundation. Your next step, though, will be to seek out the best Ontario personal injury law firm. With an experienced injury attorney, you can be confident in receiving the damages you need.
Sources:
http://www.ontario.ca/laws/statute/90i08#BK246
http://www.ontario.ca/laws/regulation/900668
https://www.canlii.org/en/on/laws/stat/rso-1990-c-n1/latest/rso-1990-c-n1.html
http://www.ontario.ca/laws/statute/90o02
http://www.ontario.ca/laws/statute/90f03#BK80