Civil liability lawyer Montreal
The liability lawyer: The solution for a claim for damages
Someone has wronged you and you want to be compensated for the damage suffered? Find out why hiring an experienced liability lawyer is the best option for enforcing your rights.
What is civil liability?
Under article 1457 of the Civil Code of Quebec, every person has the obligation to repair damages caused to others as a result of negligence or a wrongful act, whether voluntary or involuntary. Civil liability also covers damage caused by dependents or employees in the course of their activities. In order for this recourse to be valid, it must meet the following three criteria: a fault has been committed, one or more prejudices result from it and a causal link must be established.
The purpose of a civil liability lawsuit is not to punish those responsible, but rather to force them to repair the act responsible for the harm caused.
This civil liability is said to be “contractual in nature”, when the damage suffered results from the non-compliance or illegality of a contract.
When should I call on this professional?
Whether the damage is financial, material, bodily or moral, it is legitimate for an injured person to want to be compensated in a fair and equitable manner. You may have received a request for compensation from someone who believes you have been wronged; or you may be the victim of an accident that has resulted in injuries for which you wish to be compensated. Your liability lawyer has all the know-how to offer you personalized solutions according to your situation.
The grounds for a civil liability lawsuit can vary greatly: a problem with a neighbor, medical error or negligence, illegal dismissal, non-compliant practice in a workplace… The consequences of these injuries, which may give rise to a court action, generally relate to…
– Property damage
– Physical injury
– Psychological after-effects
– Loss of enjoyment related to the injury
– Loss of income and related costs
It is important to note that the victim is required to state the value of the alleged damages (and after-effects, if any). For this reason, the amounts awarded in damages may differ from one case to another.
What are the services of a lawyer specialized in this field?
The liability lawyer must first establish whether or not the fault alleged by the client is relevant. Its services include meeting with the latter to analyze the situation and identify the elements used to prove the prejudice, the opening of the file, the drafting and sending of the formal notice, the negotiation, the legal proceedings as such, as well as the representation before the courts. When an insurance company refuses to cover a loss, the specialized lawyer is able to inform his client of his rights in this matter.
The burden of proof
To prove fault, within the meaning of Quebec law, is to prove “conduct that has the effect of harming another person according to the standard of a reasonable person in the same circumstances”.
Demonstrate actual harm
Demonstrating that there is a confirmed injury is another step that only an experienced liability lawyer can take. He must also establish a link of cause and effect (causality) between the damage(s) suffered by his client and the alleged cause. These conditions justify the importance of using a lawyer experienced in this type of request.
Different compensation proposals
Compensatory damages are the default option in the Civil Code. They aim to “restore the victim’s condition to its original state”.
Moratory” damages concern a prejudice resulting from a delay in the performance of an obligation; in this case, they are applicable as soon as the formal notice is received.
If a person has committed a serious act intentionally, then there may be “punitive” damages. The amount awarded to the victim in these circumstances is generally higher.
It is the court’s responsibility to determine the amount that corresponds to the seriousness of the fault that has been committed. With respect to compensatory and punitive damages, the courts have discretion in determining the amount awarded. In a personal injury situation, the Court may establish a three-year review period.