A Brief Introduction To Personal Injury Law in Alberta
Personal injuries are unavoidable. You or someone in your family can be a victim of a personal injury anytime, any day. Alberta, when a resident suffers physical harm because of someone else’s intentional or careless acts, he or she can initiate the legal process to seek compensation for the injuries. Personal injury law in Edmonton can normally be classified into three categories: intentional torts, carelessness, and product liability.
Intentional torts: Torts are intentional acts committed by one person to harm another. Few injurious acts such as battery and deliberate infliction of emotional anguish can be defined as tort and can be covered in a lawsuit. On the other hand, the defendant can resort to certain defenses to avoid paying the compensation. He or she can claim a self-defense in such a lawsuit.
Negligence: Negligence is different from torts in a manner that the injury caused by a person was not intentional but it resulted due to inexcusable carelessness. While suing someone for his negligence, an injured person can file a lawsuit when:
- The defendant fails to take care of his legal duties
- The defendant violates his duty of caring the person
- The negligence becomes a factual cause of someone’s injury
Most common type of negligence is malpractice. This is more often witnessed in cases of professionals, such as doctors or dentists, who violate a professional standard in their responsibility and which results into harms of other people. In Edmonton, one can complain against medical malpractice before a medical arbitration board. Thereafter, the person may file a lawsuit. If the injured person wins his case at the tribunal, he can file a formal lawsuit. But if he loses, he can be allowed to file a lawsuit by posting a bond. In malpractice cases, expert witnesses normally evaluate the defendant’s actions with respect to his expected professional standards.
Product Liability: According to Personal injury law, personal or property injury caused by any product can be sued for compensation. It can be claimed that because of defectively designed or manufactured product the person faced injuries. The lack of proper warning of potentially dangerous risk associated with the product usage can be a valid reason to sue the product manufacturing company.