Slip and fall cases are some of the most common civil cases in Canada, and the majority of civil cases in Canada end not in prolonged litigation but in settlement between the parties.
Understanding slip and fall accidents, how settlements work and compensation levels in Canada is important if you are considering legal action.
Do I have a case?
If you have been seriously injured due to slipping, tripping, or falling on someone’s property then you may be entitled to compensation. You should not have to shoulder the financial burden of your injury yourself, when others are legally responsible. Only a lawyer can determine whether you have a case, and how much compensation you may be entitled to, so call a local firm specialising in slip and fall accidents today.
Speak to a lawyer
You should never sign anything, or agree to compensation prior to speaking to your lawyer, and certainly never accept ‘off the record’ compensation. The at-fault party may try to play dirty in order to reduce the amount that they rightfully owe you. Speaking to a personal injury lawyer will protect you from such nefarious practices and help you receive the compensation that you deserve.
A settlement isn’t a failure – it often results in higher payouts
Slip and fall settlements shouldn’t be considered a failure or a compromise compared to taking your case to court. Often a settlement will result in a higher payout than you would have otherwise received by going to court due to the high cost of litigation.
Slip and fall settlements also remove the risk of a judge making a surprise ruling against you. Crucially, a slip and fall settlement almost always results in a much faster outcome than going to court, meaning you get the money you deserve and need sooner – so you can stop the bills from piling up. In Ontario about 90 per cent of cases are settled before going to trial.
Compensation in Canada
In Canada the plaintiff (you) can be compensated by the defendant (the at-fault party, which may include private home owners, business owners, tenants, organizations, or even governments) for:
- Medical treatment – Medical treatment is almost always part of slip and fall settlements and includes the cost of previous, ongoing, and future medical care and out of pocket expenses.
- Pain and suffering – Pain and suffering is capped at $340,000 in Canada, which means that even if you go to court you cannot be compensated beyond this figure.
- Income – You can be compensated for “loss of earning capacity” if you are unable to work after your injury (or work to the same earning capacity).
- Family members – Family members can also receive compensation for your injury if it costs them time and money, and to compensate for loss of “guidance, care and companionship.”
In some situations, going to court is the only option, but whether in the courtroom or negotiating a slip and fall settlement, you need an experienced lawyer to ensure that you receive the compensation that you are entitled to.