I have been hurt (Personal Injury)

Personal injury law covers a wide range of situations where a person has been injured as the result of the negligence of another. This covers many different situations. For example: A motor vehicle accident, which covers almost any accident that arises out of the use and operation of a motor vehicle (i.e. car, truck, motorcycle, etc.). These accidents can be further grouped into the following three general types, where the injured person was:

  1. driver or passenger in a motor vehicle
  2. outside a motor vehicle as a pedestrian or else loading/unloading a motor vehicle
  3. a cyclist, or else using recreational vehicles such as an ATV, a snowmobile, a seadoo, etc.

A slip and fall accident, which refers to any accident in which the victim has fallen and/or struck and injured some part of his or her body, entirely or in part because of the negligence of another. Falls can be caused by poor construction, unexpectedly uneven/unstable surfaces, or slippery conditions, to name a few. These "slip and falls" can happen anywhere: inside or outside a business, or at someone else’s home, or even outside one's apartment.

Other accidents would be anything that isn't a slip and fall or a motor vehicle accident, but where a person is injured due to the negligence of another. These cannot be put in a specific category. Here are some examples:

  1. a person standing near a bonfire is burned or even set aflame when another person carelessly throws fuel onto it
  2. a person is cut by a shard of glass when another person recklessly throws and breaks a glass bottle
  3. a person is handling some power tool or heavy equipment and someone else turns it on without making sure it is safe to do so

The immediate outcome of a personal injury is often obvious but what many do not realize is that the less obvious long term effects can be even more devastating. The goal in personal injury litigation is for the injured person to receive an amount of money which attempts to put them back to how they were before the accident took place. The following types of damage compensation help an injured person reach that goal:

  • General damages are also referred to as non-pecuniary damages. They primarily compensate for the pain and suffering experienced by the injured person and for the effect of the injury on their quality and enjoyment of life. The amount of general damages depends on the facts of each particular case. General damages are always determined by comparing the injured person's situation to other decided Canadian cases involving similar injuries and consequences. In general previous cases decided in the local jurisdiction have more impact on determining an appropriate amount for general damages than cases decided in other Canadian provinces.
  • Loss of income happens when the injured person is not able to work and earn a living in the same capacity as they once could. This type of compensation is often the single largest component in a damage award especially when the injured person is affected to such a degree that they cannot work on a long term basis. In appropriate cases this loss is determined with the help of experts such as rehabilitation experts, actuaries, economists and/or accountants.
  • Loss of valuable services allows an injured person to recover for expenses related to doing tasks that they once did and that that they no longer can do, or no longer can do as well. Examples of these tasks would include mowing the lawn, cleaning the house and shovelling the driveway. Often experts such as rehabilitation experts, actuaries, economists and/or accountants are required to help assess these expenses.
  • Cost of care recognizes that an injured person may never fully recover and may require future services, treatments and medication to cope with their ongoing condition. For example long term physiotherapy, chiropractic care and/or massage therapy would be covered under this type of damage. Long term requirement for medication or even in some cases long term nursing care are also some examples of this type of damage.
  • Out of pocket expenses is a miscellaneous category where necessary and reasonable costs or expenses caused by an accident may be recoverable. This could include damaged clothing or items lost or damaged in an accident such as a watch, glasses, a motorcycle helmet, etc.

The above is just a brief summary of the many ways an injury can impact your life

At Murphy Collette Murphy we can guide you in making the right legal decisions to ensure that you are fairly compensated for the losses caused by another's negligence. In motor vehicle accidents, there are different no-fault insurance coverages that are immediately available to help reduce the impact on your loss of income and costs associated with seeking medical treatment, separate and apart from a negligence lawsuit. We can also advise you if you have any confusion or problems in seeking these coverages in the short term while your main legal claim is being negotiated.

What to do if you have been in a motor vehicle accident WHAT TO DO IF YOU HAVE BEEN IN A MOTOR VEHICLE ACCIDENT

Murphy Collette Murphy


Murphy Collette Murphy has been a leading provider of insurance related legal services to a variety of property and casualty insurers for over 20 years.The senior partners of the law firm, Henry J. Murphy and J. William Collette, practiced together for a number of years before establishing the firm in 1991.

Address: 250 Lutz Street Moncton, New Brunswick E1C 5G3
Telephone: 506.856.8560
Telecopier: 506.856.8579
Email: manager@murco.nb.ca