Civil liability and personal injury

Civil liability

Three elements,
and none is presumed.

A civil liability claim rests on three elements the plaintiff must prove: a fault, an injury and a causal link between them. The absence of any one defeats the entire claim.

Bodily injury breaks down into distinct heads: past and future loss of income, medical and rehabilitation costs, permanent impairment, pain and suffering, loss of enjoyment of life. Each is proved separately.

In Quebec, certain public schemes replace the civil claim. A road accident falls under the Société de l’assurance automobile du Québec, a workplace accident under the CNESST. Identifying the applicable scheme is the first step, because it determines whether a civil claim exists at all.

These remedies are exercised under the Civil Code of Québec, which defines the rights at issue, and the Code of Civil Procedure, which organizes how they are pursued before the courts.

What we do

Document,
quantify, claim.

Identifying the scheme

Public scheme or civil claim. Road accident, workplace accident, criminal act or general liability: the routes are mutually exclusive.

Establishing fault

Breach of a duty of care, liability for the act of a thing, liability for the act of another, manufacturer liability. Each regime has its own presumptions.

Proving causation

This is where most files are lost. Medical expertise, prior history, pre-existing condition and aggravation call for rigorous evidence.

Quantifying the injury

Loss of income, costs incurred and to come, permanent impairment, non-pecuniary loss. Each head is documented and costed separately.

Negotiating with insurers

An insurer’s first offer is rarely the last. Knowing the real value of the file is the only way to negotiate usefully.

Court representation

Where negotiation fails. Prescription periods in bodily injury matters call for particular vigilance.

Services

Injury claims
Liability for property and premises
Professional negligence
Quantification of damages
Negotiation with insurers

Frequently asked questions

What we are asked most.

What is the deadline to claim?

Three years in civil matters from the manifestation of the injury, though different periods apply to public schemes and to certain situations, notably where the injury emerges progressively. Verifying the deadline is the very first step.

Can I sue after a road accident?

In Quebec the public no-fault scheme in principle replaces the civil claim for bodily injury arising from an automobile accident. Exceptions exist, notably for property damage and for certain situations occurring outside Quebec.

What does compensation cover?

Past and future loss of income, medical and rehabilitation costs, permanent impairment of integrity, pain and suffering and loss of enjoyment of life. Each head must be proved.

Should I accept the insurer’s first offer?

Rarely without assessing it. An offer made early, before the condition has stabilized, cannot account for how the injury actually develops. A signed release closes the file permanently.

This practice meets commercial litigation where liability is contractual. See commercial and civil litigation for disputes arising from a contract, and the demand letter for the first formal step.