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Can I recover damages no matter how I am injured?

No. In the most general terms, someone other than the injured party must be responsible for causing the injury. This responsibility can arise in one of a number of ways:

  • An intentional act, such as a physical assault;
  • A failure to act, or omission, where the responsible party has a duty to act (i.e. peace officers, municipal officials, etc.);
  • Negligence; where a party fails to meet legally-required standards of care to avoid harm or injury.

The assessment of whether or not a particular incident creates liability on the part of some other person or agency is one of the most technical aspects of personal injury practice. To paraphrase a common warning, "Don't try this yourself". Leave it to the experts. In particular, do not rely on the advice of friends, co-workers or other non-professionals.

In the area of motor vehicle law, there are certain circumstances in which even an "at fault" driver may be entitled to certain payments (or "benefits") even if they are the sole cause of their own injuries. (Please refer to the section in this manual dealing with "Accident Benefits".)

Lawyer Referrals get your free guidebook to Accident Benefits Articles of Interest Personal Injury FAQs Pace Law The Legal Experts

Pace Law Firm
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Toronto, ON M9C 4Z4
CA
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CA
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Pace Law Firm provides legal help to the residents of Toronto, Mississauga, Oakville, Markham, Oshawa, Richmond Hill, Brampton, Burlington, Milton, Whitby, Pickering, Etobicoke, Thornhill, North York, Scarborough, Owen Sound, Collingwood, New Market, Aurora, Barrie, Hamilton, St. Catharines, Niagara, Guelph, Kitchener, Waterloo and London, and to the Greater Toronto Area (GTA) and the Golden Horseshoe, Ontario.

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