Can I Claim Damages In A Personal Injury Settlement?

There are certain situations in which you are definitely going to find yourself in a need of a lawyer. Most common people associate this line of working with different injuries. In fact, the area of personal injury law is one of the vastest and broadest. The reasons for this are numerous, but mostly it is because of the fact that there are just so many different situations in which you can find yourself injured. For instance, slip and fall accidents are some of the most common in this particular practice area.

Damages to claim

With this in mind, it is important to know which damages are possible to claim and how to properly formulate your motion. If you have slipped and fell you may be entitled to a compensation regarding general damages which are pain and suffering as well as any eventual or current loss of income, home maintenance and many more. However, it is important to keep in mind that you can only claim expenses which are not covered by the OHIP, which is an abbreviation for the Ontario Health Insurance Plan.

This is due to the fact that no one is entitled to receive more than what he has actually lost. This is a major legal principle which is in force in the state of Ontario and as such in the city of Kingston. With this in mind, you would be required to return the money that you have received in excess pursuant to the principle that is mentioned.

The law in the city of Kingston, that is governing slip and fall accidents, is called Owners’ Liability Act. It stipulates that every owner should take the required precautions in order to make sure that his property does not cause any kinds of damages to a third party. The responsibility pursuant to this particular law extends to the managers of certain properties so if you are a tenant of a shop, you are also required to do the same things.

Limitations on the damages

However, there are certain limitations that need to be taken into consideration prior to filing your claim. First of all, there is a statute, called The Limitations Act, which suggests that every claim pursuant to the Owners’ Liability Act should be filed within a time period of not more than two years after the accident has occurred. This means that if you miss this period, the owner of the property would be rehabilitated and you won’t be able to claim the damages that you have incurred. As this is a Provincial Law, it is applied with its full legal force in the city of Kingston. This is why it is important to seek legal advice as fast as you can and to file your claims in a timely manner. If you are unable to do it due to your injuries, your family can approach a lawyer and get the needed details.