St. John’s Loss & Damage Lawyers Seek to Maximize Your Injury Claim Compensation
At NOVA Injury Law, we approach all of our claims with professionalism, experience, and care. We collaborate closely with medical professionals in St. John’s and throughout Newfoundland, and our unique operating model, which combines personal injury legal experience with in-house medical advice, has assisted numerous residents in obtaining a level of insight and care for their injury that no other law firm can provide.
Are you the victim of someone else’s recklessness? Are you left in disbelief, struggling to recover from the devastating injury or loss they caused you? You never thought this could happen to you, but it did, and now you’re feeling lost and unsure of what to do next. But don’t worry, there’s hope.
If you suspect that your injury was caused by someone else’s negligence, you may be entitled to compensation for your suffering. Don’t let the other party get away with their wrongdoing. Let NOVA Injury Law help you fight for justice and hold the responsible party accountable.
Our team of compassionate lawyers is here to guide you through the daunting and unsettling journey of recovery and healing. We offer a Free Case Review to help you better understand your legal options and the potential for compensation. Don’t suffer in silence, take action and contact NOVA Injury Law today. We’re here to fight for you and help you get the justice you deserve!
Adding to our experience, we have a practicing emergency room physician with special training in occupational medicine consulting on all of our cases, as required. Having this expertise built into our practice means two things:
- We have ready-made access to a doctor to provide advice on your injuries from the moment your Free Case Review starts.
- Depending on your injuries, our doctor can then organize fast advice from a specialist. So if you have a fracture or a torn muscle or ligament, we would consult with an orthopedic surgeon or if you are suffering from a brain injury, we would seek advice from a neurosurgeon on your injuries. Likewise, our in-house physician can organize prioritized access to other occupational therapists who not only help you recover from injury, but help us develop accurate forecasts of future recovery and rehabilitation needs.
This is why we are considered one of the premier law firms in Atlantic Canada. From the moment you talk with us about your needs, you have immediate access to medical support and advice, and you give our lawyers the greenlight to build medically-backed, watertight compensation claims in a way no other personal injury law firm can. Better yet, we operate on a no-win, no-fee basis. That means you get all of this for free, until we win your case and you receive a maximized compensation payout.
Examples of injuries that occur as a result of medical procedures
Complications such as nerve damage, infections, or other injuries can occur during dental treatments. Proving these cases can be challenging due to the inherent risks involved in many dental procedures. It is the responsibility of the lawyer to demonstrate that the dentist did not fulfill the duty of care required for the patient.
If cosmetic surgery procedures result in undesirable outcomes such as botched botox injections, rhinoplasty, dermal fillers, chemical peels, liposuction, or breast augmentation surgeries, it may be possible to bring a claim against the cosmetic practitioner.
When injury is sustained during organ donation procedures, such as infections, transplant rejection, or other complications. These are referred to as “transplant malpractice”.
When injuries are brought on by the doctor’s mistake in administering anesthesia before a surgery resulting in brain injury or cardiac arrest.
And injuries don’t have to be physical either. For example, a psychologist may provide unethical or incompetent advice to a client in a session which could lead to that person being harmed. This harm could be undue emotional stress or a deterioration in their mental wellbeing.
These are just a few examples. However the truth is you may be entitled to compensation for any type of loss or damage you have sustained as a result of a medical practitioner’s malpractice.
Examples of non- medical injury law areas that may require legal help
The majority of injuries are caused by slipping and falling, workplace accidents, faulty products, or motor vehicle accidents such as car, bicycle, or motorcycle accidents. However, we also have experience dealing with less common scenarios, including:
- Animal attacks, like when a person’s pet dog bites another person.
- Sporting injuries sustained on the track, court or field and even at training.
- Snowmobile accidents or boating accidents.
- Amusement park rides, such as roller coasters and water slides.
- As a result of environmental disasters such as oil spills, toxic waste spills.
- Military service based incidents, including combat or at training drills.
In all cases, if someone’s loss or damage is sustained due to someone else’s negligence or recklessness, the injured party is entitled to compensation.
What are the legal elements common to all injury law claims?
There are only four elements that need to be established to pursue a personal injury claim:
- Duty of care: That a person or organization had a duty of care to prevent harm to you (the plaintiff) or your loved one.
- Standard of care: That a person or organization demonstrates the correct level of care, once the duty of care has been established.
- Causation: That the harm caused to you or your loved one was caused by another person or organization breaching their duty of care.
- Damage or loss: That you actually sustained loss. Whether that be financial, emotional or physical loss – or a combination of these. In all cases, if someone’s loss or damage is sustained due to someone else’s negligence or recklessness, the injured party is entitled to compensation.
If you or a family member have sustained an injury, it is crucial to seek legal advice as soon as possible. A competent lawyer will gather ample evidence, data, and professional opinions to establish each of the necessary elements of your case fully. By doing so, you have a better chance of succeeding in your claim and obtaining maximum compensation.
It is important to act quickly though as there are time limitations around when you can bring a claim.
What time limitations apply in Newfoundland?
The Limitation of Actions Act governs the time restrictions that apply to injury law proceedings in St. John’s and across Newfoundland. These deadlines are in place to make sure that court claims are filed on time and to stop people from being held responsible for things that happened many years ago.
In Newfoundland, the general statute of limitations for personal injury claims is two years from the date of the injury or date of discovery of the injury. This means that a person must file a lawsuit within two years of the date of the injury or the date the injury was found if they were hurt as a result of someone else’s negligence. The injured party might lose the chance to seek compensation if the claim is not made within this two year period.
There may be exceptions applied when the injury party is disabled, mentally incapacitated at the time of the injury or if they are a minor. The limitation period may also be extended when the negligent person engages in fraudulent conduct.
Commonly, the time limitation period works against those who delay speaking to a lawyer about their injury.
Why might victims delay seeking legal advice?
Common reasons to delay getting the help from a lawyer include:
- Trust in insurance companies: Insurance companies may offer quick settlement offers to injured parties, which can be tempting to accept. However, these settlement offers are designed around what they think is the lowest amount of compensation you will accept – not what you deserve.
- Underestimating the severity of the injury: In some cases, people may not realize the full extent of their injuries until some time has passed. They may initially believe that their injuries are minor and that they will heal on their own. However, if the injury later proves to be more serious, they may wish they had sought legal advice sooner.
- A belief that the injury was their fault: Some people may feel responsible for their injuries and may believe that they have no right to pursue legal action. This can be particularly true in cases where the injured person was engaged in risky behavior, such as driving under the influence of alcohol or drugs.
- Fear or lack of trust in the legal system: Some people can be intimidated by the thought of going to court or dealing with lawyers. They believe that pursuing legal action will be time-consuming, stressful, and costly.
- Financial concerns: Legal fees can be a concern for some people, particularly if they are already dealing with medical bills and lost income due to their injuries.
NOVA Injury Law’s Free Case Review can help you assess what options you may have to advance your legal claim.
If you decide to move forward with pursuing a claim, you won’t pay a cent until we have won your case. With our many years of dealing with insurance companies and the Newfoundland legal system, we take the burden off you right from the start, so that you can focus on your recovery.
Our lawyers are a part of the community in Newfoundland meaning we have access to professionals, community groups and volunteers all over the city who can not only get you the support you need, but assist us in maximizing your claim.
Put your mind at ease and understand your legal options
For more information or to set up an initial consultation, you can reach us by calling 1-800-262-8104. Our team is available 24 hours a day, 7 days a week, to support you and your loved ones via email, text, Facebook messenger, and more.
Ready to learn more about compensation options available to you right now, contact Jeff Mitchell at jeff@novainjurylaw.com!