Disclaimer: This blog is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
A personal injury is defined as any injury incurred by an accident that causes pain and suffering and the potential for financial loss. Events that result in injury are entitled to remuneration under Canadian law, but you must first initiate a personal injury claim. This monetary compensation may be used to compensate for a wide range of costs, impairments, and injuries.
Here’s all you need to know about a marijuana-related personal injury claim in Canada.
Personal Injury Cases Involving Legal Marijuana And Negligence
Marijuana users can be found responsible and accountable for personal injury in ways other than driving. For instance, a cannabis-impaired individual may neglect to remove ice off their porch stairs, resulting in a delivery person falling and being injured. The wounded party may file a personal injury lawsuit in such a circumstance.
The fundamental truth is that negligence is a critical factor in deciding responsibility in a personal injury lawsuit. It makes no difference if a person is legally high. They are liable for the defendant’s losses if their lawful marijuana usage caused them to act recklessly and injure someone.
When The Offender Is Under The Influence Of Marijuana
If you were waiting at a traffic light and a car slammed into your back bumper, they were definitely at fault. Perhaps they didn’t slow down sufficiently or didn’t realize that the signal light was red. Regardless, they were at fault in the unfortunate incident, and you have the right to sue them for reimbursement for your health expenses and car damage.
If the offender was under the influence of marijuana at the collision scene, it makes no difference to you as the sufferer. Notwithstanding the legality of the drug, they will surely face personal injury charges because they were driving while under the influence. As a result, the legalization of cannabis makes little difference in this aspect.
When The Pedestrian Is Under The Influence Of Marijuana
Assume you were a walker who had just finished smoking some legal marijuana at your apartment and wanted to walk right down the street to a local store to buy a soda. If you were crossing a road and were run over by a car, the responsible participant is still the driver.
In this scenario, when you were the one who was under the impact of legalized cannabis, your negligence case is still complicated. Even though it is lawful, the insurer that will compensate for your losses will try to establish that you were intoxicated and, as a result, were reckless or shared fault. You will have to strive a little more to receive full reimbursement in these situations.
Eyewitnesses and traffic cameras can be essential in showing that you had the right to use the road to cross and that the person driving was the irresponsible one.
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Do you require the services of a personal injury lawyer in Canada? Please contact Nanda & Associate Lawyers if you have any questions. We’re one of Canada’s most recognized groups of personal injury lawyers, known for providing sound legal advice to make the legal process go as seamless as possible.
Our lawyers will ensure that all of your claim processes are handled properly and that you follow all legal requirements. Please book your consultation with our personal injury lawyers today.
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