Civil liability lawyer Montreal

The liability lawyer: The solution for a claim for damages

Has someone wronged you? Do you want to be compensated for the damage you have suffered? Hiring a lawyer who specializes in civil liability is the best way to ensure that your rights are respected.

What is civil liability?

Article 1457 of the Civil Code of Quebec imposes a duty on everyone to make good any damage caused to another person as a result of negligence or a wrongful act, whether intentional or not. Civil liability also extends to damage caused by dependants, such as employees, in the course of their duties. For a claim to be valid, three criteria must be met: a fault must have been committed, one or more losses must have resulted, and a causal link must have been established. These elements are also at the heart of civil liability in tort, which aims to compensate for damage caused by wrongful acts. Unlike criminal proceedings, the aim of a civil liability action is not to punish, but to force the person responsible to repair the damage caused. Note: This type of civil liability is called ‘contractual’ when the damage results from non-compliance with or the 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.

Main reasons for civil liability claims

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.