The number of personal injury cases has been increasing every year, even with improvements in safety (such as driving). There are various types of causes for personal injury claims, and although the majority being motor vehicle related, there are other common ones too. Here are some of the most common types of personal injury claims in Canada.
Vehicle Collisions:
Car accidents alone cause more than 2.3 million injuries, globally, every year. However, Canadian statistics show that injuries due to vehicle collisions have actually been on a downward trend. In 2019 (newest data available), total injuries due to vehicle collisions were at 140,801, compared to 222,848 in the year 2000. Still, the majority of personal injury claims continue to be due to vehicle collisions.
Assault:
Unfortunately, assault is a common cause for personal injury claims. Many Canadian residents have either been direct victims of assault, or know someone who has been assaulted. The legal definition of assault is that the crime has occurred when someone applies direct or indirect intentional force on someone without their consent, when someone threatens applied force or causes another to believe they were threatened with applied force, or when someone impedes an individual while openly carrying a weapon or something that looks like a weapon.
Violent crime is unfortunately on the rise across all major Canadian cities. Some of the most common Canadian assault charges include:
- Simple assault: this type of assault usually does not result in a personal injury claim. It can be an assault from a simple push, to an actual physical fight.
- Aggravated assault: this type of assault usually results in a life-changing or life-threatening injury, and/or permanent injury.
- Assault causing bodily harm: this type of assault causes some kind of physical injury due to the physical force that was used on the victim. It can range from a scratch to broken bones.
- Assault using a weapon: this type of assault includes using a weapon or threatening someone with a weapon, and causing bodily harm.
Premises Liability:
While this is a lesser known type of personal injury claim, it is still one of the most common. Legally, proving a premises liability requires evidence of the negligence which resulted in harm. This can get complicated, as shown by the 2019 story of an Alberta homeowner who was sued by a trespasser on his property after shooting the trespasser. The trespasser claimed that he suffered post-traumatic stress disorder as well as pain from the gunshot wound.
While complex cases like these do occur, the more common types of personal injury claims due to premises liability, include:
- Slip and fall: if there are holes on the property, hazardous materials, tripping hazards, icy walkways, or other causes for injury on property, the owner can be held liable if an injury does indeed occur.
- Dog bites: if an owner is not watching their dog and not ensuring that the pet is properly contained or restrained, the owner is likely held liable if the dog attacks visitors to that property and causes physical injury.
- Swimming pool accidents: if inexperienced swimmers are not properly kept safe from deeper and more dangerous parts of a swimming pool, the owner is held liable for the resulting injury or death.
It is important to remember that proof of negligence is required. If warning signs were properly posted or other appropriate safety measures were taken, the owner may not be held liable.
Wrongful Death:
Sadly, negligence, malpractice, or accidents can result in death. If you’ve lost a loved one, contacting a lawyer likely isn’t at the forefront of your mind. However, this is indeed an important step to take.
Each province in Canada has their own definition for when wrongful death has occurred, and in Alberta, proof of grief by family members is not required. Evidence is not needed to claim bereavement damages, and spouses, parents or children can bring forward wrongful death claims.
Common causes of wrongful death include:
- Motorcycle accidents
- Negligence at nursing homes
- Medical malpractice
- Accidents on the job
Personal injury claims can be emotional and challenging to navigate. At McGuiness Law, we provide free consultations and can advise you about what to expect.
We are passionate about helping Albertans stand up for their rights. Contact our team by calling 780-900-7941.