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Whitby Personal Injury Lawyer: Receiving A Low-Ball Settlement Offer For Your Accident Claim

Posted on December 23, 2017 by singhadmin

Car accidents can result in a variety of injuries and damage. Most of us assume that insurance will cover our income loss, medical expenses and the pain and suffering endured as a result of our injuries.

However, as experienced Whitby personal injury lawyers know from experience, dealing with insurance companies, even your own, and their claims adjusters can be challenging.

Not all insurers act in good faith. Their primary focus is to safeguard their own business interests and to minimize their payouts as much as possible. To this end, they may employ various tactics to delay, dispute, dismiss or deny payments, cite technical reasons or enforce terms of contract that you may disagree with.

They employ a claims adjuster to independently investigate the circumstances of the accident. They base their settlement on the report submitted by the claims adjuster.

It’s important to understand that achieving the settlement you deserve is through a process of negotiations, mediation, arbitration and even a court trial if required.

Initial Stages of The Claims Process

Though victims have a duty to cooperate with their insurance companies, they also have a right to have their lawyers present at any meetings. There is no obligation to sign anything without your lawyer’s advice.

Following an accident, claims adjusters of your own insurance company and/or those of the at-fault party/parties will schedule a meeting/interview with you. The aim of this meeting is to gather information, assess your credibility and to seek ways of minimizing settlement payouts.

Injured victims need to understand the economics of case settlements to comprehend how the process works.

Claims adjusters are those who review, study and investigate claims to determine the insurer’s liability. They’re usually highly trained and educated professionals, with long and deep experience in the field and well-honed negotiating skills. They conduct a thorough investigation and submit a report with recommendations on what the appropriate settlement (according to them) would be.

First Offers Are Generally Low

As with any negotiation, the starting point is always at base-level. Going to court is the final stage. With these two aspects in mind, an experienced Whitby personal injury lawyer can help you put together a robust claim for the maximum possible settlement.

What you need to know:

Know your policy thoroughly – coverage, limitations, insurance regulations in your province, etc
Never settle until you know the full extent of your injuries/damages
Claims adjusters will make several offers along the way
You need to specify the exact settlement amount you want in your claim letter: This should cover present and future costs
Be prepared for an extremely low-ball response which you’re not compelled to accept if it’s unreasonable
Stay calm and ensure that you keep the dialogue channels open
Inform the insurer that the low offer is unacceptable citing reasons
Never get into verbal, written or email confrontations with claims adjusters or insurance company representatives
Claims adjusters have full authority to make reasonable offers and if they tell you otherwise, it’s not necessarily true
Let your personal injury lawyer handle matters in consultation with you

Whitby personal injury lawyers keep your interests uppermost and ensure that your rights are safeguarded.

Car Accident Claim: Does The Insurance Adjuster Want To Meet You Without A Lawyer Present?

Posted on December 22, 2017 by singhadmin

When car accidents happen, we console ourselves with the thought that insurance will take care of our losses. Everything seems fine when we receive a timely and prompt phone call from either our insurer or the at-fault party’s claims adjuster.

They seem concerned about our injuries, express their readiness to help and assure us that they have our best interests at heart.

To this end, they request an immediate meeting. Even though you’re still in hospital, or you’ve just been discharged and are convalescing at home, the claims adjuster wishes to come over and meet you.

As experienced Woodstock personal injury lawyers, we are frequently asked by people who have suffered serious injuries in a car accident caused by someone else’s fault or negligence whether it’s OK to talk to the insurance company representatives on their own.

Good idea? Absolutely not!

Why They Request Such Meetings

Insurance companies are for-profit organizations, whose main focus is to protect their business interests and minimize or avoid settlement payouts as far as possible.

To this end, they may not always have your interests or rights at heart.

Injured victims and their families are at their most vulnerable in the period that immediately follows a crisis or traumatic event, hence an early meeting would be most beneficial for the insurer.

The reasons for meeting injured victims without the presence of a lawyer include:

Victims and family-members may be unaware of their rights, risks and entitlements
They may not be completely familiar with the legal, medical and insurance issues, or their own insurance policies
They may not know the full extent of their injuries
Claims adjusters may appear empathetic and caring, but their job is to investigate the accident and file a report which helps the insurer to keep the settlement as low as possible
The insurer, unlike personal injury lawyers, has only a minimal duty to protect your interests
They need to control the pace, dimensions and nature of negotiations as early as possible
If they represent the at-fault party, obviously their loyalty would be towards them
Your own insurer may wish to avoid a hefty payout and could delay or dispute your claim
Claims adjusters are highly educated, trained, skilled, knowledgeable and experienced professionals who can “nudge” you into making decisions against your interests
They may offer swift settlements while assuring you that this is the best offer you’ll ever get
Claims adjusters may advise you against getting embroiled in the legal process – it’s expensive, that lawyers may fleece you, the procedures are long-drawn-out, unpredictable, etc
Your personal injury lawyer knows that if negotiations are unfruitful, you are fully entitled to take the case to trial
Meeting injured victims without a lawyer present is the best way for insurers to get information, chance upon victims making inadvertent statements or admissions, of getting them to make recorded submissions, getting permission to access confidential records, perhaps admitting some level of contributory negligence, or that they can cope with their problems etc.

It’s important that injured victims/family-members contact an experienced Woodstock personal injury lawyer before they communicate with insurers.

Woodstock Personal Injury Lawyers: Checklist of What To Do After A Slip And Fall Accident

Posted on December 21, 2017 by singhadmin

Slip and fall accidents are a leading cause of injuries . Nearly 9 million people visit hospitals and ER rooms as a result of slip or trip and fall accidents every year. They are also one of the most common reasons for taking time off from work. Injuries sustained in such accidents can range from minor bruises, cuts and sprains to serious spinal and neck injuries, traumatic brain injuries, hip/rib/skull/extremities fractures, dental and facial damage, long-term disability or even death.

Apart from the physical aspects, such injuries cause enormous financial and emotional issues too, which affect victims and their families.

Accidents are caused by someone’s fault or negligence. Property owners in Canada have a duty to ensure the safety of their premises, failing which they can be held liable for damages suffered by injured people.

Consult an experienced Woodstock personal injury lawyer if you or a dear one has sustained injuries in a slip and fall accident. You may be entitled to compensation.

Claiming Compensation

Slip and fall accidents can be challenging in terms of the complex legal, medical and insurance issues involved. The amount of compensation that can be achieved is determined by several factors including the age and general health status of the victim, establishment of fault/negligence, impact of injuries, whether there was any carelessness on the part of the victim, etc.

There are strict time limitations within which claims and suits have to be brought against at-fault parties.

The right defendant has to be identified because property-ownership and liability can be quite complicated.

Establishing the connection between the accident, causal factors, negligence, the injuries, their impact on the victim and the expenses incurred as a result can be a daunting task. Some Woodstock personal injury lawyers handle such cases exclusively and they are best suited to assist you.

Steps To Take

In the immediate aftermath of a fall, people are confused and in pain and compensation may be the last thing on their minds. However, these are also the most crucial moments in terms of personal injury law.

Report the accident immediately to someone in authority and get an acknowledgment
Get medical attention without delay, no matter how minor you assume your injuries to be
Contact a personal injury lawyer who deals with such claims as soon as possible: There are different time-limits for notifying private/public/municipal properties
Take cellphone pictures of exact location, injuries, cause of accident, prominent landmarks with time and date stamp: Things change or can be changed/destroyed/replaced/repaired over time
Preserve all clothing, footwear worn at the time – property-owners often argue that it was your inappropriate clothing/footwear that contributed to the fall
Follow all medical advice scrupulously
Keep a meticulous record of all expenses incurred in connection with the accident
Never conduct negotiations directly with property-owners, apologize or make statements like “I should have seen that!”
Never provide recorded statements, submissions or permissions to access your confidential information or sign documents without your personal injury lawyer’s knowledge/advice
Avoid social media presence for the duration of your claim/suit

These tips can help your Woodstock personal injury lawyer to help you achieve the compensation you rightly deserve!

Whitby Personal Injury Lawyers: Pokemon-Go Players Watch Out For Slip and Fall Injury

Posted on December 20, 2017 by singhadmin

A new tech marvel that has caught the attention of virtual reality (VR) enthusiasts is the game Pokemon-Go. While some have found it fun, exciting, overwhelming, hazardous or part of a mass addiction phenomenon, others have absolutely no clue what it’s all about!

Pokemon-Go players enter any space, whether private or public, in keeping with the requirements of the game. They may be oblivious of the hazards present in these locations and could suffer serious injuries if they slip and fall.

Such accidents can have an enormous physical, financial and emotional impact on not just the injured person, but also on his/her family-members too.

These mishaps also raise larger questions of liability, and the question of who is responsible when someone is injured on another’s property under these circumstances.

Whitby personal injury lawyers, along with lawyers all over the world, are aware that there are challenges in working out the modalities of such cases.

What Is Pokemon-Go?

Played on cellphones, this VR game uses GPS to capture tiny creatures or Pokemons while walking around in the real world. This augmented reality game uses real locations from the player’s own mobile device’s ability to identify them.

Released in July 2016, the game quickly caught the imagination and is free-to-play, with purchasable additional apps if you want them. As a social media phenomenon, it connected people from all walks of life, helped to capture real-life criminals, report crimes in progress, built better relations between law-enforcement and the community, contributed to higher footfalls in businesses and better knowledge of the locality and neighborhood.

However, it has been widely criticized for causing traffic congestion, littering, noise, trespassing, distraction while driving/walking and security threat.

Whose Responsibility?

The question of liability in slip and fall injuries while playing is complex in such cases: Is it the property owner, player, the game-maker, the retailer who sold the game etc who is responsible for paying compensation to injured victims?

According to Ontario’s Occupier’s Liability Act property-owners have to ensure the safety of all those who enter. Pokemon-Go players may be trespassing in which case, they still have certain rights! If owners have not posted No Trespassing signs or otherwise prohibited entry, they can be held liable for injuries sustained on their properties. Property owners can also ask players to leave their premises if they find them playing Pokemon-Go on the premises.

Some businesses attract players by encouraging them to play on their premises. Obviously, they bear the legal responsibilities too.

There are several aspects to consider and each case is unique. But in general, Pokemon-Go playing while trespassing or crossing the street at non-designated spots could reduce a damages claim because the plaintiff has contributed to causing the accident. However, the fundamental principles of personal injury law – viz, negligence – still applies.

Stay Safe!

The best option is obviously to be aware of the physical hazards and the legal consequences of chasing virtual creatures in a real world. Stick to common-sense safety norms, be aware of your surroundings and respectful of other people’s rights while playing.

Such games present unique challenges to law but an experienced Whitby personal injury lawyer can ensure that your rights are protected if you are injured due to someone else’s fault or negligence.

Toronto Personal Injury Lawyers: Short-term Rentals And Slip and Fall Injuries

Posted on December 19, 2017 by singhadmin

The vacation or short-term rental platform has become a highly popular option for holiday-makers and business travelers all over the world. It is ideal for all profiles of travelers, whether they’re single travelers, families with children and pets, seniors, groups attending an event, conference or convention, business travelers or consultants dedicated to time-bound projects etc. The short-term rental may consist of serviced apartments or condos, independent properties, or home-sharing options with a family with extra room to spare. “Short-term” is rented for not more than 28 days at a time, subject to extension.

Of late, the concept of the shared economy has revolutionized many sectors like housing, transportation, food etc and large multi-nationals like Airbnb have transformed the way people live away from home. Advances in communication-technology and networking have helped to make this a convenient and affordable option.

However, some things don’t change! Accidents can and do still happen everywhere and a short-term rental is not immune from hazards.

If you or a dear one has sustained injuries in a slip and fall accident that occurred in your short-term rental, ensure that you get immediate medical attention. Following this, it’s crucial to consult an experienced Toronto personal injury lawyer who has handled such cases before. You may be entitled to compensation.

Are Short-term Rentals Different From Hotels?

When we opt for short-term rentals, especially private homes, we seldom consider the legal aspects. Hotels and traditional hostelries like bed n breakfasts, inns, motels etc must have a license to operate and they’re governed by certain regulations. These include hygiene, safety etc. However, short-term rentals may by-pass these regulations including safety inspections.

Traditional accommodations have to carry commercial liability insurance, whereas hosts who offer their homes for short-term rentals have only the home-owner’s policy coverage.

Hence, occasional renting out of part or whole of a home to guests for a fee implies that the owners are running a business and their insurance company must be kept informed of this activity.

Companies like Airbnb have grown exponentially. A study conducted by the Canadian Centre for Policy Alternatives reveals that such listings have increased by 288% since 2013 and the listings in Toronto are about 81% higher than cities like Vancouver. These accommodations are concentrated in certain areas of the city and there is speculation that big players are using the platform to circumvent the regulations governing commercial activity.

Injured In A Short-term Rental?

Slip and fall injuries can have a devastating physical, financial and emotional impact on the injured person and his/her family. They result in:

Loss of income/wages/earning-capacity
Medical and rehabilitation expenditure
Pain and suffering

Under Ontario’s Occupier’s Liability Act, the property owner has a responsibility to ensure that premises under their control are kept reasonably safe for all visitors.

Wet, slippery, badly-maintained floors, missing hand-rails, broken tiles/floor-boards, puddles under the air-con, clutter, debris, loose carpeting, torn/unanchored mats, loose cables/wires etc can cause guests to lose their balance, fall and sustain serious injuries.

An experienced Toronto personal injury lawyer can provide the right advice and assistance to help you get the compensation you deserve.

Thunder Bay Personal Injury Lawyers: Role of The Expert Witness

Posted on December 18, 2017 by singhadmin

Slip and fall accidents are among the most common reasons for hospitalization and visits to the ER room across Canada. These accidents occur in a split second, without any warning, but the consequences can be devastating.

Suffering serious injuries in a slip and fall accident can result in physical, financial and emotional issues for not just the injured victim, but the effects are often felt by the family-members too.

Most of us assume that the accident happened because we were careless or it was just our bad luck. However, accidents aren’t always “accidental.” They can usually be traced back to someone’s fault or negligence.

According to Ontario’s Occupier’s Liability Act, it is the duty of a property owner to ensure the safety of visitors to premises owned by them. If there were any potentially hazardous conditions or existing dangers, they should have been aware of them and taken the requisite steps to correct the problems. This makes them liable to pay compensation to anyone who gets injured due to a hazardous condition on their premises.

Consult an experienced Thunder Bay personal injury lawyer if you or a dear one has been injured in a slip and fall accident caused by someone else’s fault or negligence. You may be entitled to compensation.

Claiming Compensation

We assume that when the facts are presented to the at-fault party and their insurance-company, compensation will be forthcoming. However, the reality is that insurance-companies are for-profit organizations whose focus remains on protecting their own business interests.

They may delay, deny, dispute or dismiss your claim citing various reasons.

As a result you may have to enter into negotiations with them, the at-fault party and their legal representatives, failing which you can file a personal injury suit in court and take the case to trial.

Role of Experts

The expert witness is someone with specialized knowledge, training, skill and experience related to some element in the case. This expertise is required to establish certain facts, give the judge/jurors/mediators/at-fault party/insurers a clearer understanding that will help them form a judgment. Experts are usually called in when there are technical aspects to be explained.

Typically, the expert may be :

A medical doctor who testifies about injuries and their impact on your life, the pain and suffering you’re likely to suffer, and also the diagnosis, treatment, medication, therapies and rehabilitation required.

A mental health expert who provides information about mental, psychological and emotional conditions

Forensic accountants who can analyze the financial impact of injury, disability or death

In general, the expert is selected based on the type of information required to be provided to establish injury, cause of the accident, impact of the injury and the short/long-term financial requirements.

In slip and fall accidents, experts may be called to establish the dangerous condition of the terrain/surface/floor that resulted in the accident. They can also testify about the suitability of that particular type of flooring for that purpose, analyze the cleaning products/polish used to determine whether they cause undue slipperiness, establish the friction co-efficient, whether anti-skid flooring was used in high-traffic areas etc.

An experienced Thunder Bay personal injury lawyer can help you put together a robust claim with the help of expert witnesses.

Sudbury Personal Injury Lawyers: Avoid Slip And Fall Accidents In Your Gym

Posted on December 17, 2017 by singhadmin

Fitness is a goal that we all aspire to, regardless of our age, gender and general health. Most people have their own exercise regime that suits their life-style, available time, preferences etc and they try to keep to a fitness routine.

Joining a gym can be one way of ensuring that you get regular exercise at a fixed time. It also gives you a variety of routines that helps to work out different parts of the body. This is also a great way of ensuring that you don’t get bored. It’s crucial to consult your doctor before joining any exercise program. You will have to explain the kind of exercise regimen you plan to select and check whether this is in sync with your own health status.

However, gyms can also be places where you can hurt yourself unless proper care is taken. Slip and fall accidents are common-place if the gym is not properly maintained and care is not taken to ensure the safety of all visitors.

Visit a doctor immediately and contact a Sudbury personal injury lawyer as soon as possible. Accidents are caused because of someone’s fault or negligence. Injured victims and their families have to endure the devastating physical, financial and emotional consequences that follow such a mishap.

An experienced personal injury lawyer who has handled similar cases before can evaluate your case and advise you on claiming compensation from those whose responsibility it was to ensure that their premises were kept safe.

Check The Facilities Before Joining

Before you join a gym, keep a few safety tips in mind to avoid hurting yourself.

Apart from the usual considerations of location, hygiene, ownership, facilities, hours, equipment, cost, personalized trainer services, etc, it’s important to focus on safety.

Get recommendations from trustworthy sources: family-members, friends, co-workers, your doctor, neighbors etc
Determine your fitness goals: Do you want to lose weight, get fit, stay flexible, develop stamina or strength, etc?
Short-list a few gyms based on your research
Visit each one personally and do a walk-through tour
While visiting, focus on equipment, amenities and common areas
Check whether the equipment is well-maintained and clean
Amenities and common areas should be fresh, clean, hygienic and safe
Watch for signs of rot or rust in the equipment, floor, doors and windows, panels, ceiling etc: They can indicate structural risks
Pay more attention to the wet areas like locker-rooms, sauna, pool, hot-tub, etc. These areas should be kept dry and there should be attendants on hand to keep the place neat and free of wetness, slipperiness, liquid-spills, clutter, debris, loose-cables/wires etc
Ensure that areas that are being cleaned have enough signage to indicate “Wet Floor”
Check that the entire gym is well-lit and the entrances and exits are safe
Most gyms make you sign a “waiver of liability” contract. Ensure that you check with your lawyer before you sign.

As they say, an ounce of prevention is better than a pound of cure. However, if you’re injured in a slip and fall accident in the gym, contact an experienced Sudbury personal injury lawyer immediately.

Scarborough Personal Injury Lawyers: Ask The Right Questions Before Hiring Your Personal Injury Lawyer

Posted on December 16, 2017 by singhadmin

When accidents happen and people are injured due to no fault of their own, they’re well advised to consult a personal injury lawyer. Accidents happen out of the blue but their consequences can have a devastating impact on not just the injured victim but often on his/her family too.

Mishaps like slip and fall accidents occur because of someone else’s fault or negligence. Those responsible for the maintenance of premises and property under their control have a duty to ensure that visitors remain safe. Injured victims are entitled to seek compensation for the losses they suffer.

Under Ontario laws, the Occupier’s Liability Act mandates that property owners have a duty to see that persons who legitimately enter the premises and their property are kept reasonably safe. Those who enter to commit a crime or trespassers are assumed to have willingly assumed the risks that may be present on the property that they choose to enter without permission.

Seeking compensation from property owners, whether private individuals, government/municipal bodies, large corporations etc can be challenging. If your injuries have caused you to be hospitalized, immobile, disabled etc it may not be possible for you to personally undertake the process of settlement with insurance companies, gather relevant evidence, conduct negotiations, complete the paperwork accurate and within the prescribed deadlines. An experienced Scarborough personal injury lawyer who regularly handles such cases can provide the right advice and assistance.

Hiring The Right Personal Injury Lawyer

As with all fields today, personal injury law is also a highly specialized profession. Although the general study of civil law is undertaken by all qualified lawyers, they go on to pursue the area of law that best appeals to them, such as personal injury or tort law, divorce, wills and testaments, corporate law etc. Under personal injury law too, lawyers tend to gain expertise, knowledge and experience in one particular area such as slip and fall, motor-vehicle accident, dog-bite, defamation etc.

Hence, it’s important to select the right personal injury lawyer to enhance your chances of a successful outcome, by asking the right questions before finally hiring them.

You will need information on:

How many cases exactly like or similar to this have you handled before?
What’s your track record?
How many settlements and how many have gone to trial?
Who in the firm will handle my case?
Will I be comfortable with this person?
Do I have a valid claim?
How long will the process take approximately?
What damages can I claim?
How much can I expect in terms of settlement?
If the case cannot be settled out-of-court, can you take it to trial?
What are the costs for out-of-court settlement and for trial?
What is your fee structure? What percentage of settlement comprises your fee? Do you have a contingency fee arrangement? How do you charge expenses?

You will have to check their credentials, background and reputation thoroughly. Get all details down in writing, including fee structure and payment schedules. Scarborough personal injury lawyers can also assist you with getting medical and rehabilitation assistance and putting together a robust claim for compensation.

Sault Ste. Marie Personal Injury Lawyers: How Are Slip and Fall Injury Claims Valued?

Posted on December 15, 2017 by singhadmin

Following a slip and fall accident on someone else’s property, caused by the premises owner’s fault or negligence, injured clients are confused when the at-fault party’s insurance-company sometimes offers an immediate settlement.

The at-fault party’s insurance-company may contact them or their family-members directly in the hospital or home at a time when they’re still trying to cope with the confusion, anxiety and pain of the accident.

The stress resulting from rising medical and rehabilitation costs and loss of income or wage-earning capacity due to injuries can have a severe impact on financial status. Hence, a call from a seemingly concerned, empathetic claims-adjuster may seem like a blessing.

However, it’s wise to consult an experienced Sault Ste. Marie personal injury lawyer who regularly handles slip and fall accident cases before communicating with at-fault parties, their insurers or legal representatives.

95% of personal injury claims are settled out-of-court, but this doesn’t mean that you are compelled to take the first offer you receive.

There are many injuries that cannot be fully evaluated immediately. The complete extent and seriousness of the injury and its impact on your life may be felt after a lapse of time. Hence, it’s important to get all the information before you think of settlement.

On the other hand, personal injury suits/claims have stringent limitation periods within which the process must be started. These time-limits vary according to whether the at-fault party is a private individual or public body/government/municipality. The circumstances of the case also have a bearing.

An experienced Sault Ste. Marie personal injury lawyer can deal with the complex medical, legal and insurance issues involved, ensure that the paperwork is filed correctly and within the prescribed deadlines and also ensure that your interests are kept uppermost throughout the procedure.

How Are Slip and Fall Injury Claims Valued?

Each case is unique and hence, the individual factors and circumstances in it have to be analyzed and taken into account while evaluating how much a claim is worth.

Clients are always anxious to know:

How long the process will take
How much compensation they can expect

It’s not easy to give an exact figure, but there are broad guidelines that can be used to get a ball-park figure to work with. This depends on:

The extent of injury/damages caused by the accident
Whether a jury likely to find the at-fault party liable

The extent of injury/damage consists of several components. The financial aspect consists of medical and rehabilitation expenditure based on actuals. Future costs are also easy to predict if a detailed life-plan is worked out with the help of qualified authorized professional experts.

However there are intangibles like “pain and suffering” which are highly subjective. Injuries affect people in different ways, emotionally and psychologically. An active, busy, healthy, outdoorsy person, with a wide social circle can find sudden immobility/disability devastating.

Similarly, if the circumstances clearly show that the at-fault party’s fault or negligence caused the accident, a jury can easily pronounce liability.

Experienced Sault Ste. Marie personal injury lawyers can provide a swift, genuine and comprehensive assessment of your claim and advise you on the way forward.

Pickering Personal Injury Lawyers: Settlement Or Trial In Slip and Fall Injury Claims?

Posted on December 14, 2017 by singhadmin

When you or a loved one has suffered serious injuries in a slip and fall accident, the physical, financial and emotional consequences that follow can have a devastating impact on yourself and your family.

Accidents are usually caused by someone’s fault or negligence. The Ontario Occupier’s Liability Act mandates that an owner/occupier of property “owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises and the property brought by those persons on the premises are reasonably safe while on the premises.”

An experienced Pickering personal injury lawyer can advise, assist and advocate for you in such cases, since you may be entitled to receive compensation.

Loss of income because of inability to continue working, medical and rehabilitation expenses, pain and suffering, expenses incurred by family-members due to your injuries and also the loss of guidance, care and companionship that was previously being provided by the injured person are some of the areas where you are entitled to seek compensation.

Claiming Compensation

It’s important to get yourself thoroughly examined by a qualified doctor immediately after you suffer a slip and fall accident. Besides health, this is important to establish the causal connection between your injuries and the accident.

Your experienced Pickering personal injury lawyer can help you put together a robust claim for compensation.

Settlement Vs Trial

Insurance-companies who make the settlement payouts may not always act in good faith. Being for-profit organizations at the end of the day, their focus would be on protecting their own business interests. Hence, they may delay, deny, dismiss or dispute your claim, or attempt to show that you were somehow partly responsible for the accident, thus reducing their own client’s liability.

Proving the chain of ownership and responsibility of the property, establishing the fault/negligence that caused the accident, fixing liability and demonstrating the impact of the injuries on your and your family’s life can be challenging.

Filing a personal injury suit against the at-fault party is one way of getting the compensation you deserve. However, more than 90% of personal injury claims in Canada are settled out-of-court, though the trial option remains open until the statute of limitations runs out.

Trials can be expensive when you calculate lawyer’s fees, including travel and billable hours.

Generally, a trial can take years to reach a verdict, following which there may be appeals etc.

Cross-examinations, supplying proof, the adversarial process and procedures can be overwhelming.

Compensation claims are made to restore your life to normalcy and reimburse you for the financial losses you’ve suffered. Trials can delay this.

Your privacy can be severely compromised in a trial since everything becomes a matter of public record. Out-of-court settlements come with confidentiality agreements.

The outcome in trials is unpredictable. You may not be awarded compensation at all if a jury/judge thinks your claim is invalid.

However, if you sincerely believe that you need your day in court, or the insurance-company’s settlement is too meager and that the defendant should be penalized publicly, you may prefer a trial.

Your knowledgeable and experienced Pickering personal injury lawyer can assist you with analyzing and understanding each of these aspects.

Emotional Costs Of Long Term Disability Caused By Slip and Fall Accidents: Ottawa Personal Injury Lawyers

Posted on December 13, 2017 by singhadmin

Slip and fall accidents can happen in a split second, but they can leave a trail of destruction in their wake if the injuries sustained are serious.

These accidents can cause severe damage like traumatic brain injury, neck and spinal damage, compound fractures to the extremities, hip and pelvic fractures, disfigurement due to facial and dental injuries etc.

The severity of injury is determined by a number of factors that include:

Age and general health
Location
Height from which the fall occurred
Type of surface

Falling from an elevation obviously leads to more severe injuries and these can result in long term or permanent disability.

Injured persons and their families have to endure the physical, financial and emotional consequences of the accident. The victim may be unable to work for extended periods or may lose working and earning capacity altogether. There are high medical and rehabilitation expenses to be met. The pain and suffering undergone by all those connected to the person can also take an emotional toll.

Accidents are rarely accidental. They’re usually caused by someone’s fault or negligence. Property owners have a duty to ensure that premises under their control are kept in a state of reasonable safety and any breach of this responsibility makes them liable to pay compensation to those injured as a result.

Consult an experienced Ottawa personal injury lawyer who handles similar cases as soon as possible. You may be entitled to compensation.

Depression and Disability

Studies have shown that disability generates negative feelings that could result in clinical depression. Apart from the emotional symptoms of feeling worthless, sad and without hope, depression has a physical component too – the person can suffer fatigue, loss of/increased appetite, digestive problems, sleep disorders, etc. They may also develop dependence on alcohol or drugs.

Disability suffered in adulthood or among the recently disabled creates negative feelings of self-worth, withdrawal from social and emotional connections, lack of interest in the environment around due to limited mobility and a feeling of being dependent on others. Such persons have clear memories of being able, capable and independent. They find it hard to accept their present limitations and condition.

Common feelings include:

Inability to concentrate or make simple decisions
Loss of purpose or goals in life
Inability to think beyond the present condition
Loss of self-worth and self-esteem
Grief and rage at the cause of the accident
Frustration with inability to work, move or continue normal life
Decrease in quality of life
Boredom due to lack of social interaction
Pessimism and suicidal thoughts

Family, friends and those around the injured person need to watch out for tell-tale signs of depression and ensure that it is addressed immediately.

Psychological or psychiatric counseling and treatment may be required, based on the needs of the injured victim.

Such treatments can be expensive and lengthy. Victims need to be treated by a qualified and licensed professional. An experienced Ottawa personal injury lawyer can help you find the right professional to handle such issues and ensure that you receive the compensation you deserve.

Owen Sound Personal Injury Lawyers: How Much Is A Knee Injury Claim Worth?

Posted on December 12, 2017 by singhadmin

Slip and fall accidents often result in knee injuries. These injuries may heal quickly or they can result in more severe, long-term issues, leading to physical, financial and emotional strain on the injured person and his or her family.

These problems can cause loss of mobility and flexibility and inability to continue with the normal activities that you were used to. These in turn lead to interruptions or stoppage of work, especially if your job involved a lot of physical activity and commuting. Knee injuries can prevent the person from enjoying sports, social and recreational activities, resulting in social withdrawal, isolation and depression.

People who have sustained slip and fall accidents often assume that these were simply “accidents.” In fact, most accidents are caused by someone’s fault or negligence. Whether you were injured in a private residence, grocery-store, supermarket, mall, parking-lot or a public park, pool-side, government or municipality owned property like a train-station, bus bay, a pavement, elevator, escalator, amusement park etc, the property owner is responsible for the safety of the premises.

Consult an experienced Owen Sound personal injury lawyer without delay if you or a dear one has suffered injuries as a result of a slip and fall accident. You may be entitled to compensation.

Knee Injuries

The knee joint is a natural engineering marvel, consisting of bones, cartilage, tendons, ligaments, nerves, blood-vessels and muscle. The two bones of the leg, viz., the upper thigh bone and the lower shin bone are joined at the knee. A cap or patella bone covers the joint, which is sandwiched by cartilage that keeps the joint flexible and prevents shock and friction. Several large muscle systems are also joined at the knee by ligaments and tendons.

Any sudden and acute injury to any of these systems can cause knee problems resulting in pain and loss of flexibility and mobility. Direct blow to the knee due to abnormal twisting, stretching, bending or falling on the knee can result in swelling, bruising and pain. Nerves and blood-vessels may also be damaged and can cause numbness and weakness in the lower part of the leg.

It’s important to visit a doctor as soon as possible if you suffer knee injuries in a slip and fall accident. Some injuries may appear minor initially, but they may worsen later if left undiagnosed and untreated.

How Much Are Knee Injury Claims Worth?

It’s difficult to put an exact value on such claims. In fact, “valuing” the case is based on estimating and balancing what a jury might award in a trial to the injured person and what the at-fault party might be willing to pay out as a settlement.

The main factors to be considered are the nature and extent of the injury, resultant damages, how they affect the plaintiff, and whether a jury is likely to find the at-fault party liable.

An experienced Owen Sound personal injury lawyer can evaluate your claim and provide the right information, assistance and guidance to ensure that you get the compensation you deserve.

Peterborough Personal Injury Lawyers: Safeguard Your Rights In Slip And Fall Accident Situations

Posted on December 11, 2017 by singhadmin

If you or a dear one has suffered injuries in a slip and fall accident sustained due to dangerous conditions on someone else’s property, you’re probably aware that you may be entitled to compensation.

Peterborough personal injury lawyers who handle such cases regularly understand the concerns that victims and their families have when they get involved in such an unfortunate situation.

These accidents are among the most common of civil cases across Canada and a majority of them are settled out of court and not in lengthy procedures inside a courtroom. There is no reason why an injured person and/or their family has to bear the physical, financial and emotional burdens that arise as a result of such mishaps when it has been caused by another person’s fault or negligence.

Assessing Your Claim

“Do I have a valid case?” is a question that an experienced personal injury lawyer who regularly handles slip and fall injury claims can best answer.

In general, there are several factors that determine the validity of such cases:

Establishing that the accident occurred in that location
Proving the hazardous condition
Establishing ownership of the property and occupier’s liability
Establishing that the owner knew or should have known about the hazard
Establishing negligence or fault in not removing the danger
Establishing nature and extent of injuries
Proving that these injuries impact the victim’s life
Establishing the expenses incurred as a result of the injuries

Protect Your Interests

Though your case may seem straightforward, insurance-companies who have to make settlement-payouts may not always act in good faith. They may delay, dispute, deny or dismiss your claim.

As the plaintiff, you and your family need to take certain steps to protect your rights and interests:

Report the accident immediately to someone in authority and get it documented
Take photographs on your mobile-phone with date and time stamp: Location, cause of accident, your injuries, land-marks. This is because the owners can destroy evidence or it can vanish with time in the settlement duration
It’s important to get contact details of witnesses if any. Your family-members can collect this information if you’re unable to do it. However, don’t contact them again afterwards, let your personal injury lawyer continue the process
Visit a qualified doctor and contact a personal injury lawyer immediately
Follow all medical advice, preserve all bills, records, test-results, prescriptions
Start keeping an accident journal to note all events connected with the accident
Ensure you preserve all physical evidence such as footwear/clothing. Don’t remove stains like mud, blood etc and don’t mend tears. If your glasses broke when you fell, preserve them and get another new pair
Never sign anything, record any statements, provide access to confidential information, communicate with at-fault parties without your lawyer’s advice/knowledge
Avoid making inadvertent statements : Neither you nor the family should say things like “It’s because of my carelessness!” etc
Stay off social media till your claim is completed satisfactorily

Peterborough personal injury lawyers can advise, assist and guide you through the claims process, while ensuring that your rights are protected.

Sudbury Personal Injury Lawyers: Prescription Drugs Can Cause Impaired Driving

Posted on December 10, 2017 by singhadmin

Sudbury personal injury lawyers often handle cases where innocent people have been badly hurt in motor-vehicle accidents caused by impaired driving.

These accidents happen when the at-fault person has consumed alcohol, drugs or medication that interferes with his/her ability to control the vehicle, resulting in fatal collisions.

When we discuss impaired driving, what immediately comes to mind is someone who’s returning home from a party or a night out after having had one too many drinks, or a person whose judgment is completely impeded by mind and body affecting substances.

However, something that we often fail to consider are the equally hazardous effects of consuming over-the-counter or prescription medications that have been prescribed by a qualified medical specialist.

These medications comprise cough and cold remedies, flu treatments, anti-histamines, allergy drugs, pain-killers, muscle relaxants, eye-drops, nebulizers etc. and they are necessary to deal with a diagnosed health condition.

However, since they can cause side-effects that affect your body and mind, serious accidents can result if people drive or use machinery in factories etc after consuming them.

Motor-vehicle offenses committed under the influence of alcohol, recreational drugs and prescription medication are all considered to be equal. There is no leniency for drivers under the influence of any of these.

If you or a dear one has been injured in an accident caused by a driver whose abilities were impaired by prescription medications, consult a Sudbury personal injury lawyer who regularly handles such cases. You may be entitled to compensation.

Effects of Prescription Medications

Most of us would never drive under the influence of alcohol or recreational drugs but we tend to be casual about taking prescription medicines. These drugs are not illegal or illicit, they have not been taken to enhance your mood or satisfy a craving. However, many prescribed and over-the-counter drugs can make a person unfit to drive. If someone causes an accident while under the influence of such a drug, it’s still considered to be an impaired driving offense.

Such medications include opiates like morphine and codeine, anti-histamines which cause drowsiness, cough remedies containing anti-histamines which should be taken only at bed-time, anti-anxiety drugs which calm the nervous system, causing muscle relaxation, impaired judgment, blurred vision, etc.

Common side-effects of prescription drugs include:

Drowsiness
Dizziness or loss of balance and orientation
Eye-hand co-ordination problems
Blurred vision
Lack of concentration
Impaired judgment
Memory problems
Physical unease like stomach upset, bloating or gas
Severe dehydration
Mood changes

The drugs commonly prescribed by physicians are meant to deal with a particular condition. They may be tranquilizers, anti-histamines, anti-depressants, sleeping pills, decongestants, pain-killers, etc and most doctors advise patients to avoid driving or doing hazardous outdoor work while they’re taking them.

Common side-effects can also vary from person to person, and hence, some people may react more severely than others. Follow your doctor’s advice and avoid driving as much as possible.

The government has recently made important changes to the laws regarding impaired driving.

If you or a loved one has been injured in an accident caused by a driver who has consumed prescription drugs, consult an experienced Sudbury personal injury lawyer immediately to ensure that your rights and interests are safeguarded.

Can You Be Refused An Auto Insurance Claim? Scarborough Personal Injury Lawyers Can Assist You

Posted on December 9, 2017 by singhadmin

In the aftermath of a serious motor-vehicle accident, injured victims and their families often console themselves thinking that their insurance coverage will take care of their expenses. Hospitalization and medical treatment, rehabilitation, therapies etc, coupled with dwindling family finances caused by the injured victim’s inability to work can create a highly stressful situation. The victim and family have to undergo severe physical, financial and emotional trauma for an extended period if the injuries are serious.

Ontario’s insurance premium rates are the highest in the country. Ontarians pay nearly 55% higher rates than the national average, although they also have the lowest rates of accidents.

Unfortunately, in certain circumstances, insurance companies can deny, dismiss or dispute your claim, leading to a financial and mental crisis. You and your insurance company may disagree on the benefits you feel that are due to you based on your understanding of the contract you have with the insurer.

Ontario offers statutory benefits to all those injured in motor-vehicle accidents, regardless of fault. This amount is to be paid out by your own insurance company. Additionally, injured victims are also entitled to file a personal injury suit against the at-fault party whose fault, negligence or flouting of safety norms resulted in the accident.

Contact an experienced Scarborough personal injury lawyer if you or a dear one has been injured in an accident. You may be entitled to compensation, based on the circumstances, nature and extent of your injuries and their effect on your life.

When Claims Are Refused

Strictly speaking, the insurance company has a right to refuse a claim. The Financial Services Commission of Ontario (FSCO) regulates the insurance industry and has incorporated an Auto Insurance Bill of Rights which sets out rights and responsibilities of the consumer very clearly.

One of the points mentioned here is that you cannot be denied insurance without being provided with reasons given in writing. The insurance company cannot deny you renewal or cancel your policy without informing you about the reason for this.

Making small at-fault claims under your comprehensive coverage may result in higher deductibles or the insurer may refuse to sell comprehensive coverage under your policy. If you have more than two at fault accidents over the last five years, you may be seen as a higher risk.

All insurance companies are allowed to use their own underwriting rules and guidelines. However, these must be submitted to FSCO and approved every year prior to being enforced. Insurers cannot deny claims based on credit history, physical/mental disability, residential address, new immigrant status or whether you’ve only recently got your.

In general, claims are denied because:

Your policy doesn’t cover what you’re claiming
The policy may specify the number of traffic offense convictions and at-fault accidents above which no coverage will be provided
Repeated instances of cancellation of policy due to non-payment of premiums
Record of providing misleading, incomplete or incorrect information to the insurance company

Hence, it’s important to read your policy thoroughly and understand all the conditions and clauses in it. An experienced Scarborough personal injury lawyer who regularly handles such cases can assist you in case you have to file an auto insurance claim.

Saulte Ste. Marie Personal Injury Lawyers: Stay Informed About Insurance Premium Rates

Posted on December 8, 2017 by singhadmin

Studies have shown that Ontario has the highest insurance premium rates in the country although its accident rates are the lowest in Canada.

The average automobile insurance premium in Ontario in 2015 was $1458 per vehicle, which is 55% higher than the Canadian average. However, what irks drivers more is the fact that most of the money in the system doesn’t go towards providing benefits to accident victims who end up not receiving the required treatment and care. Instead, insurance companies spend a large portion of their funds on paying experts in various fields to ensure that payment settlements are either kept to a minimum or avoided altogether.

“The system is filled with disputes and inefficiencies …” opined David Marshall, former head of the Workplace Safety Insurance Board. He advocates the adoption of a “care-not-cash” approach which focuses on victims and provides transparency in legal fees paid by insurance companies.

Ontario provides no-fault statutory accident benefits to all those who have been injured in automobile accidents regardless of fault. These benefits are to be paid by the victim’s own insurer. Additionally, victims are also entitled to sue the at-fault party for compensation if that party’s negligence was responsible for causing the accident.

Consult an experienced Sault Ste. Marie personal injury lawyer immediately if you or a dear one has been injured in an automobile accident. You may be entitled to compensation.

What Factors Affect Premium Rates?

Vehicle owners and drivers often find that they pay one particular rate, while spouses, friends and neighbors pay another. Hence, it’s good to understand how premium rates are calculated and what is the kind of coverage you get for that particular rate.

According to the Financial Services Commission of Ontario, premium rates are determined by looking at various factors that include:

Personal profile
Amount of coverage purchased
Deductibles
Company policies

Personal profile includes your age and address, type of vehicle you drive and your driving history. Where you live affects your premium rate because rates are higher in urban areas since there are more vehicles on the road and chances of accidents are higher. Urban locations also see more auto thefts.

The type of vehicle you drive – whether it’s a safer, family model or a flashy speed-machine – affects your premium rate.

Age, gender and marital status are factors because studies show that crash rates are higher for unmarried males under 25. Students are offered discounts especially if they get good grades.

If you take driver-safety courses, you can get a better rate.

Your driving history/record determines your risk assessment. This includes accidents where you were more than 25% at fault. Those with fewer crashes obviously pay less and the reason for the accident is also taken into account. How often and far you drive affects premium rates. People with long daily commutes may pay more.

You can choose the deductibles you want applied, which are mandatory in your province, and determine what additional coverage you want to pay for. This affects the overall calculation of premium.

Dealing with insurance claims-adjusters can be stressful in the aftermath of a serious accident. An experienced Saulte Ste Marie personal injury lawyer can provide assistance and advice.

Knowing More About Electric Cars And Low Speed Vehicles In Ontario: Pickering Personal Injury Lawyers

Posted on December 7, 2017 by singhadmin

Today the world faces an environmental crisis created by vehicular and industrial pollution that threatens the health and well-being of not just human beings, but also of all life forms on the planet.

One of the ways that toxic vehicle emissions can be reduced is by the introduction of electric vehicles. These vehicles also reduce the dependence on petroleum products and provide clean-running transportation.

There are several big advantages in using such vehicles and many governments the world over have begun encouraging the development of such technologies. Vehicle manufacturers have introduced hybrids in a bid to make the transition smoother and explore the different user requirements and responses before they launch pure electric cars.

Though there are some niche manufacturers who have been producing electric vehicles for a long time, they have never really caught the imagination of a wider public audience. So far, electric vehicles have been used as local neighborhood rides like golf-carts, in-campus transport, senior-citizen facilities in airports, stations, hospitals etc. Electric cars available in some cities across the world are used as local runabouts, and are usually the second car in the family.

The reasons are not hard to find: Range, battery-life, higher initial cost, smaller size and long battery re-charging time are definite deterrents in adoption of electric vehicle technologies.

Electric vehicles are low on maintenance and running-costs. Most countries offer attractive tax breaks for owning an electric car. They also provide you with the satisfaction of running a quieter, cleaner and less dangerous vehicle and that’s really doing your bit for the environment and the future generations to come.

Pickering personal injury lawyers stay abreast of such developments to better serve their clients.

Ontario Rules Regarding Low Speed Vehicles

A new regulation released in July 2017 mandates the rules for the use of low speed vehicles (LSVs) in the province of Ontario. A pilot program has been launched to support new, emerging technologies that help people to commute safely and efficiently and ensures a limited environmental impact. Reducing air pollution and dependence on conventional fuels is another stated aim of this project.

Regarding LSVs, the government has released a report entitled Cars Are Evolving and this report describes the Ontario government’s aim to achieve its climate change goals by encouraging the use of a more sustainable transportation model that can reduce our carbon footprint.

Some of the key features of the pilot project include:

Maximum speed regulations for LSVs
Where they can be driven
Signage to be attached to the slow moving LSV
Meeting motor vehicle standards
LSV owners and operators should have insurance policies that meet the requirements of the Compulsory Automobile Insurance Act. This provides a minimum $5 million coverage for liability, $1 million for non-catastrophic/$2 million for catastrophic medical, rehabilitation and attendant care benefits
Current Highway Traffic Act rules apply to the LSV driver/owner
Class G or higher driver’s license required
Rules for seat-belts, child-passengers, side-cars

Keeping these factors in mind, if you or a dear one has been injured in an accident involving an LSV, contact a Pickering personal injury lawyer with experience in dealing with such cases, immediately. You may be entitled to compensation.

Oakville Personal Injury Lawyers: Are Walk In Tubs A Good Idea?

Posted on December 6, 2017 by singhadmin

Slip and fall accidents pose a huge danger for senior citizens, people in poor health and pregnant women. The physical, financial and emotional consequences can be devastating if the injuries sustained in such accidents are severe.

There are numerous reasons for slip and fall accidents. They’re caused by the lack of traction between the floor and the feet or footwear which causes the body to lose balance and fall. Some of the reasons for such accident include:

Wet or greasy floor
Freshly-polished, waxed or cleaned areas
Liquid spills
Food or beverage spills
Unmarked elevation changes
Missing or broken tiles
Damaged flooring
Frayed carpets, unanchored rugs and mats
Missing or broken hand-rails
Lack of warning signs

Get in touch with an Oakville personal injury lawyer if you or a dear one has suffered serious injuries following a slip and fall accident. You could be entitled to compensation. These accidents are usually caused by someone’s fault or negligence and the injured have a right to seek compensation from those responsible for the accident.

Slippery Baths and Wet Areas

These are areas which remain constantly damp or wet, especially when the bath or pool-side is shared by a number of people or is used throughout the day.

It may be difficult to detect the presence of liquid spills or water on certain types and colors of flooring and this can lead to a nasty fall. Slip and fall accidents in baths are very common among senior citizens and it can lead to crashing the head against a wall, edge of the tub or taps and result in unconsciousness.

Seniors may also slip when balancing on one leg while getting into or out of the bath.

One solution is the walk in bath. Apart from seniors, it’s a great option for those recovering from injuries or illnesses, professional athletes or those with musculo-skeletal and mobility problems.

What Are Walk In Tubs?

These tubs are fitted with a door that can be opened allowing the person to enter the tub. Water is filled only after the door is shut and before exiting, the tub has to be drained. This means the person doesn’t have to step over the edge to get in and out, thus providing ease of use and preventing loss of balance. Some have a seat for resting comfortably while others resemble the normal reclining bath. The walk in tub can be fitted over a regular one if the design and size are appropriate.

Hand-rails and textured surfaces ensure safety and the shower fitted inside can be used while seated, providing additional comfort and safety. They’re a great way to get hydrotherapy benefits, and they’re easy to clean. Seniors prefer them because they provide independence and privacy.

They have to be fitted with fast-filling faucets, fast-moving drains and excellent temperature controls. They’re not suitable for people who require bathing assistance or are impatient.

An experienced Oakville personal injury lawyer can advise and assist you if you’re sustained serious injuries in a slip and fall accident.

Anti-Slip Floors Can Prevent Accidents: Orillia Personal Injury Lawyers

Posted on December 5, 2017 by singhadmin

When we first enter a home, workplace, retail space or public building, one of the first things that we become aware of is the flooring, though this is not a very conscious act. It’s only if the floor is slippery, uneven or it appears wet, greasy etc that we pay more attention to it.

However, certain floors can be hazardous even if they don’t appear to be obviously so. It’s only when we slip and fall that we realize that the floor was dangerously slippery.

Slip and fall accidents can cause a variety of injuries, ranging from minor bumps, cuts, bruises and sprains to serious fractures, traumatic brain injury, head and neck injuries, facial and dental damage, crush and impact injuries etc. The nature and extent of injury depend on the victim’s age, general health, type and location of fall.

When the injuries are severe, they place enormous physical, financial and emotional burdens on not just the injured person, but also on the family.

Most of us assume that slip and fall accidents are just that – “Accidents” – but the fact is that they are usually caused by someone’s carelessness, fault or deliberate breaching of safety norms for various reasons.

This brings us to the question whether such accidents can be avoided and prevented. The answer is a clear Yes!

Property owners have a responsibility under Ontario’s Occupier’s Liability Act to ensure that premises under their control remain safe for all legitimate visitors.

Keeping this in mind, if you or a dear one has been injured in a slip and fall accident, consult an Orillia personal injury lawyer without delay. You may be entitled to compensation.

Role Of Flooring

Slipping is caused by the lack of traction between the floor and the person’s footwear or feet. This causes the body to lose balance, resulting in a fall. There may be a number of reasons for the slipperiness of the floor.

As experienced Orillia personal injury lawyers know from experience, it’s important to understand the reasons for your fall and report it immediately. There are strict deadlines prescribed to file a compensation claim and failure to meet them could rob you of the opportunity to file a personal injury suit. There are different time-frames for private, government and municipal properties.

Selecting the right flooring based on usage is crucial. Installation of anti-skid flooring in wet areas helps prevent mishaps. There are various floor treatments that can keep floors non-slip. Certain materials like natural stone and ceramic are not recommended for high-traffic or wet areas or places meant for senior citizens. Use of safety-aggregates or particles like quartz, aluminum oxide, silicon carbide etc embedded into the flooring provides some friction to prevent slipperiness.

Property owners must also use the right type of cleaning products on anti-slip floors to avoid damaging the micro-particles and thus creating smoothness.

Today there are many innovations in flooring products, along with great design elements, ease of installation and maintenance. All those along the supply/installation/ownership chain have a responsibility to ensure that the right product is used to prevent a dangerous accident.

Oshawa Personal Injury Lawyers: Select The Right Medical Expert!

Posted on December 4, 2017 by singhadmin

Slip and fall or trip and fall accidents happen out of the blue, but sometimes their effects can last for a very long time or perhaps even for an entire life-time.

Traumatic brain injury, spinal or neck damage, facial/dental injuries, impact and crush injuries, internal organ damage, fractures of hip, pelvis, ribs, extremities etc can change your life and that of your family’s completely.

Such accidents impose a massive physical, financial and emotional burdens which are difficult to endure. Under Ontario’s Occupier’s Liability Act property-owners are responsible for the safety of all those who enter their premises legitimately.

This allows injured persons to seek compensation from those whose carelessness and negligence caused the accident. An experienced Oshawa personal injury lawyer‘s advice, assistance and advocacy can help you get the monetary relief required to restore the maximum possible semblance of normalcy to your life.

The Role Of Doctors

Proving liability in slip and fall accidents is based on:

establishing negligence
fixing liability
demonstrating the causal relationship between negligence and the accident
extent and nature of injuries caused by the accident
impact of the injuries and losses caused by them to the victim

Independent investigations can provide information about the negligence and reasons for the accident. However, it’s the medical issues that finally determine the extent of settlement awarded.

Hence, selecting the right doctor is of paramount importance.

How To Select The Right Physician

Experienced Oshawa personal injury lawyers can help you to find the right medical treatment that will aid your recovery as swiftly as possible.

Immediately after a fall, it’s crucial that you visit a qualified physician or your family-physician immediately. This is important not just from a medical or legal point of view but also from a health perspective. Some injuries tend to worsen or show their depth only after a lapse of time. Leaving them untreated could lead to greater problems.

Apart from this, medical evidence can determine the success or failure of your claim. It helps the personal injury lawyer to evaluate the merits of your case, get material that helps him/her prepare for the discovery, negotiation and mediation stages and can play a pivotal role in the success or failure at trial. They provide information on diagnosis, severity, prognosis, duration, recommended treatments, impact of impairment.

The right doctor:

Is a specialist with experience, expertise and up-to-date knowledge of your kind of injury
Conducts examinations, studies test-results and writes reports himself/herself without relying on ghost-writers
Will not share your confidential information with any third party without your consent
Is chosen based on the expert knowledge that has to be commented on: treatment, diagnosis, rehabilitation, pediatric/geriatric patient, surgery etc.

Experienced Oshawa personal injury lawyers can help you select the right medical expert based on qualifications and credentials, clean reputation, no malpractice suits, publications and board certifications, cost, technical knowledge, experience, conflict-free career, impartiality, communication skills, presentability, hired-gun risk, peer reviews, cost, previous track record in providing legal testimony etc.

These aspects can go a long way in presenting a robust claim for compensation and ensure that your rights and interests are protected throughout the claims process.

North York Personal Injury Lawyers: Is There A Difference Between Trip and Fall And Slip and Fall Accidents?

Posted on December 3, 2017 by singhadmin

Slipping or tripping can be an extremely risky proposition and may result in a nasty fall. The immediate and overwhelming emotion is embarrassment and we hope that no one witnessed this unseemly upset. However, the truth is it’s great if someone did spot you taking a spill. They can serve as witnesses if you wish to make a claim for compensation against the owner of the property where your accident occurred.

Such accidents can cause serious physical, financial and emotional losses for the injured person and/or their families. You are entitled to seek financial compensation from those whose carelessness, fault or negligence created/maintained the conditions that resulted in your accident.

We assume that our insurance company or that of the at-fault party will cover our expenses. However, they don’t always act in good faith and could dispute your claims.

Contact an experienced North York personal injury lawyer who deals exclusively with such cases. This gives you the necessary assessment of your claim, advice, guidance, information and advocacy. It also protects your interests.

Slip or Trip?

When we fall down and sustain injuries it could have been because we either slipped or we tripped ! Such accidents are a leading cause of injuries across Canada. Most people use the two terms “slip and fall” and “trip and fall” interchangeably. Both situations come under the umbrella of premises liability. However, in determining the exact cause of the accident and establishing liability, it’s important to know and specify the way your fall occurred.

The main differences:

Slipping occurs when there is reduced or no traction between the surface and the feet/footwear. For instance, wet or slippery surfaces, loose carpeting/mats, liquid spills, sloping floors, metal or marble flooring, waxed, polished or freshly-cleaned floors, over-smooth soles on footwear, etc can cause a slip and fall accident.

Tripping occurs when the person loses balance because of an external object that alters their stability. Exposed cables and wires, unmarked elevation changes, clutter and debris, wrinkled/loose floor covering, objects left in unaccustomed places etc are some of the reasons that cause trip and fall accidents.

In general, proving liability in these cases is challenging. Experienced North York personal injury lawyers have to prove negligence, liability, cause of accident, nature and extent of injury, direct/indirect connection between the accident and injury and the losses caused by the injury.

Keeping this aspect in mind, it becomes important to make the distinction between a slip and a trip so that it becomes clear what the cause of the accident was.

Safeguard Your Rights

There are strict time-frames within which such claims can be brought
Report the accident and consult a doctor immediately
Preserve clothing/footwear worn at the time, all bills connected with the accident
Avoid quick settlements with property-owners
Don’t sign waivers, give permissions or recorded statements
Talk to insurers/claims-adjusters after legal consultation
Follow medical advice
Avoid posting on social media

In Ontario, the Occupier’s Liability Act holds property owners responsible for the safety of premises under their control. If you or a dear one suffers injuries in a slip/trip and fall, you’re entitled to seek compensation for your injuries.

North Bay Personal Injury Lawyers: Did You Slip And Fall In A Store?

Posted on December 2, 2017 by singhadmin

Slip or trip and fall accidents can happen anywhere, at any time and to anyone! All it takes is a split second for you to lose your balance but the injuries you sustain in such an accident can change your life forever.

All of us enjoy the classic slip-on-a-banana-peel kind of comedy situation, but few of us realize how hazardous it can be for senior citizens, pregnant women or those who are not in good health. A host of injuries ranging from minor cuts, bruises and sprains to traumatic brain injury, head and neck trauma, spinal damage, facial and dental injuries, impact and crush injuries, and even death can result from a fall.

Such mishaps can occur while you’re out grocery shopping or in a mall, supermarket, farmer’s market or your neighborhood Mom ‘n’ Pop. What many of us tend to feel immediately is an overwhelming embarrassment and we quickly get to our feet hoping no one noticed us taking that spill. We simply want to move on.

However, the type of fall, your general health, age, elevation, etc can have a serious impact on the kind of injuries you sustain.

As an injured victim you are entitled to seek compensation for your injuries from those responsible for creating or ignoring the hazardous conditions that resulted in your accident. An experienced North Bay personal injury lawyer can provide the right advice and assistance.

Store Liability

Businesses that welcome customers to enter their properties have a responsibility to ensure that such premises are maintained in a state of safety. This principle holds true, whether it’s a big international chain, a multi-level mall, a local retailer or a mini-supermarket.

Stores have a legal obligation to ensure that they keep their premises safe. Risks are posed by:

Wet, slippery floors

Liquid spills
Unanchored mats, frayed/torn carpeting
Fruit or vegetables, dry or wet goods left in aisles
Uncleared ice/snow/water at entrances and exits
Debris and clutter
Piled up items
Packaging bursting open, causing leakage of contents
Cleaning products and tools
Loose wiring, cables
Damaged flooring
Missing or broken tiles
Badly-maintained washrooms
Unsafe staircases, elevators, escalators
Missing or broken hand-rails
Poor visibility
Lack of warning signs
Poorly-maintained parking-lots

There may be any number of potential hazards in a store, but it remains the duty of the premises owner, under the Ontario Occupier’s Liability Act, to ensure the safety of the premises under his/her control.

Safeguard Your Rights

Ensure that you report the accident immediately to someone in authority. Avoid making inadvertent remarks like “I’m so sorry, it was all my fault!” or “I should have seen that!”

Seek immediate medical attention from your family-physician and ensure that you follow their advice. Keep all bills/receipts of expenses incurred in relation to the accident. Take photographs of the location, your injuries and the cause of your accident if possible. Preserve footwear and clothing worn at the time.

Get contact details of witnesses. Avoid communicating with the store-owners/insurers etc without your North Bay personal injury lawyer‘s advice.

While you’re recovering, avoid posting on social media.

Understanding Personal Injury Law in Slip and Fall Accidents: Mississauga Personal Injury Lawyers

Posted on December 1, 2017 by singhadmin

When accidents take place, it’s possible that someone gets injured. Whether it’s a motor-vehicle accident, slip and fall or bicycle accident, injuries caused by an animal attack, there can be short and long-term consequences for the injured persons and their families.

It’s a fact that people are burdened with physical, financial and emotional losses as a result of an accident. Some of the injuries may heal quickly, allowing the injured person to resume work after a brief recovery period, while in other cases, an extended phase of rest and recuperation are needed. In severe cases, the person may be permanently disabled, leading to an enormous shift in life-style and mental make-up.

Accidents are not always “accidental.” They are usually caused by someone’s fault, negligence or flouting of reasonable safety standards. Those responsible for the accident can be held liable for the losses suffered by those who have sustained injuries.

If you or a dear one has sustained serious injuries caused by another person’s fault or negligence, it’s wise to contact an experienced Mississauga personal injury lawyer immediately. You can get a swift, comprehensive evaluation of your case which may entitle you to receive compensation.

What Is Personal Injury Law?

The branch of law that deals with getting legal remedy for losses arising from an accident or an event where someone’s carelessness or intentional conduct has caused the injuries.

In short, if the accident has been caused by another person’s wrongful conduct, the injured person is entitled under civil laws to seek compensation. The term “tort” law is also used to refer to such cases and this term comes from the Latin term which means twist, harm or wrong.

Unlike criminal law, where the state prosecutes a wrongdoer, the government/state is not involved in civil cases. Instead, civil laws are meant to cover disputes between plaintiffs and defendants where the plaintiff seeks compensation (monetary) for the harm caused by the defendant.

Negligence is the cornerstone of personal injury law. It mandates that every individual is required to act responsibly and avoid putting others in danger. To prove negligence, evidence of it has to be presented and this serves to establish liability. The plaintiff has to prove that any prudent person in the defendant’s place would have acted differently given the same set of circumstances.

The plaintiff also has to provide proof of the nature and extent of injuries, the direct/indirect connection between them and the accident and their impact on his/her life.

Lawyers who specialize in dealing exclusively with such claims are personal injury lawyers.

Slip And Fall Accidents

Property-owners have a responsibility to ensure that all those who visit/use their premises are kept reasonably safe. Under Ontario’s Occupier’s Liability Act, property-owners are held responsible for the maintenance and upkeep of their premises, whether public or privately owned.

Establishing liability to get a successful outcome in slip and fall injury claims depends on:

Determining the cause
How long the risk has been present
Whether warning signs were provided
Could the accident have been prevented by property-owner

If there was a degree of contributory negligence by the injured person, the final settlement may be proportionately reduced or your claim may be denied.

An experienced Mississauga personal injury lawyer can provide the right information and assistance.

Milton Personal Injury Lawyers: Risks in Slip and Fall Injuries From Elevators and Escalators

Posted on November 30, 2017 by singhadmin

People today are so familiar with elevators and escalators that they’ve become a part of our daily lives. Whether it’s in a train station, mall, restaurant, airport, apartment building, bank or hospital, we seldom give them a second thought as we board one of them. They certainly make life a lot easier for us and ensure that we reach swiftly and conveniently to our destinations, whether they’re in upper or lower elevations.

However, these conveniences can hold potential risks too. A slip and fall in an escalator or elevator can result in serious injuries, especially if the victim is a senior citizen or a pregnant woman.

Apart from the physical injuries, people also suffer huge financial losses and emotional trauma as a result of the accident.

If you or a dear one has been injured in an accident, consult a Milton personal injury lawyer without delay. You could be entitled to compensation.

Elevator/Escalator Slip and Fall Injury Risks

These facilities have the task of transporting large numbers of people continuously. The weights they carry can vary enormously throughout the duration.

A recent study conducted by the Technical Standards and Safety Authority (TSSA) shows that across Canada, elevators seem to be getting more dangerous. Over the last six years, nearly 1200 people have suffered injuries with 69 of them being permanent injuries, while six people have died. TSSA studies also show that the number of such incidents has increased over 2011 – 2016 and the trend shows a rise of nearly 14% annually.

With nearly 40,000 elevators in Ontario, safety has become a major public health risk concern especially among senior citizens. In an indirect way, it affects their normal routine, health and socialization. Liberal MPP Han Dong observes, “… seniors won’t leave their apartment when there’s an elevator out of service in their building, because they’re afraid they won’t be able to get back to their apartment. In some cases they will have to forgo their doctors’ appointments…”

Escalators pose their own risks. Escalator steps are slightly taller than normal stairs. This does create a tripping hazard if you choose to walk up the escalator instead of waiting for it to take you to the top. Many people also fail to hold the handrail as the escalator travels. According to the National Elevator Industry Inc, it’s always safer when riders stand in place holding the handrails. Walking and standing on certain designated sides can also cause uneven wear and tear over time, leading to malfunction and defects.

Common Problems With Elevators and Escalators

Elevator drops and falls
Incorrect door alignment
Defects/malfunctioning of parts, loose parts
Uneven car landing between floors
Sudden stoppage
Side entrapment of clothes or footwear

Common injuries include cuts/bruises/sprains to amputation, traumatic brain injury, disability, disfigurement and death. Broken nose, bumps, head-injuries, facial/dental damage, thumb fractures are common, while loose panels or parts can fall off, causing people to lose their balance. Electrical fires in elevators/escalators can occur.

All these accidents can be traced to fault or negligence, shoddy maintenance etc. An experienced Milton personal injury lawyer can provide assistance and advice to help you get satisfactory compensation.

Peterborough Personal Injury Lawyers: Is Driving Dangerous At Certain Times Of Day?

Posted on November 29, 2017 by singhadmin

Accidents are usually caused by someone’s fault or negligence. In a motor-vehicle accident, there may be any number of reasons why it occurred. Distracted, impaired or speeding driver, weather and road conditions, malfunctioning or defective auto parts etc are some of the leading causes of automobile collisions.

Whatever the immediate reason for accidents, the fact is that they leave a trail of destruction in their wake. Damage to vehicles and property, injuries whether minor or serious, hospitalization, time taken off work, spiraling medical and rehabilitation expenses along with immeasurable pain and suffering.

The injured can seek compensation in the form of statutory benefits under Ontario’s no-fault statutory benefits schemes, payable by their own insurers, or they can file a personal injury suit against the at-fault party whose fault or negligence caused the accident.

In either case, it’s wise to consult an experienced Peterborough personal injury lawyer who can provide an initial, free assessment and evaluate the merits of your claim. Armed with this information you can decide on the way forward that will help you achieve the maximum possible compensation.

Driving Times And Risks

With more and more vehicles emerging on our roads, it’s more than possible that we get involved in accidents. Younger drivers, aging drivers, more powerful cars, alcohol and drug abuse, distractions, rush hours and peak hours, more automated vehicles that confuse drivers and less time to repair and maintain roads are some of the reasons for the rise in dangers on the road.

Rush hour and school-times are more risky, because you could find unpredictable behavior like unplanned lane changes or children jumping off buses or rushing out of parents’ cars.

An Insurance Hotline report says that seasonal factors are also involved in causing accidents. Contrary to expectations, it’s not winter driving that sees an increase in the number of collisions in Canada. The maximum number of accidents occur between July and August. Holiday spirits, over-crowded cars, impatience and fatigue are the factors that make summer driving difficult.

Other studies show that Saturdays are the days when maximum collisions occur. The reasons are obvious – weekend revelry, excessive consumption of alcohol, more teenagers on the road with speed on their minds. Incidences of drunk driving, speeding and not wearing a seat-belt are most common during Saturday nights.

Naturally, night-time and the early hours of the morning see most number of catastrophic accidents. Studies show that people tend not to wear restraints and seat-belts at night. The number of non-seat-belt wearer related accidents comes down to half for accidents that occur in the day.

Mid-week days like Tuesdays and Wednesdays seem the safest, because the lowest number of motor-vehicle accidents world-wide take place on these days.

Whatever the day or time, staying safe and ensuring that we use the road safely is every driver’s responsibility.

It’s important to seek advice and assistance from an experienced Peterborough personal injury lawyer if you or a dear one has been seriously injured in a motor-vehicle accident. You may be entitled to compensation.

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