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Motor-vehicle Accidents Due To Distracted Driving: Barrie Personal Injury Lawyers Provide Assistance

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Have you or a dear one been injured in a motor-vehicle accident (MVA) that was caused by a distracted driver? Such accidents are the result of flouting of safety rules and negligence. These distracted drivers can be held responsible for causing the collision.

MVAs can result in a range of injuries, from minor scrapes, cuts, sprains and bruises to serious, life-altering and life-threatening injuries. Serious injuries result in enormous physical, financial and emotional losses not just for the injured victim but in most cases, their families too.

Ontario traffic regulations mandate that all injured victims, regardless of fault, are entitled to receive statutory insurance benefits paid out of their own coverage. Additionally, injured victims are also entitled to sue the negligent or at-fault driver by filing a personal injury claim against them, preferably with the advice and assistance of a Barrie personal injury lawyer.

Decoding Distracted Driving

A World Health Organization study conducted in 2011 observes that there are two types of distractions that drivers can experience: Internal and External. Internal distractions include use of cell-phone, tuning a radio, grooming, etc while External distractions comprise watching billboards, people, scenery etc.

Mobile phone usage is one of the major distractions that drivers experience while operating a vehicle. The proportion of drivers using their cell-phones while driving has increased over the last decade, from about 1% to 10% in 2011.

Texting, answering calls, e-mailing, checking GPS location, sending photos and using social media on the cellphone are some of the common behaviors that drivers may indulge in. Studies have shown that there is very little difference between using hands-free phones and regular hand-held devices.

These behaviors affect driving because:

  • They cause the driver to take his/her eyes off the road
  • Driver may remove hands from steering-wheel
  • Drivers are mentally preoccupied
  • There is a cognitive shift from the task at hand
  • Affect reaction time, especially while responding to traffic signals
  • Affect braking reaction
  • Affect ability to keep within lanes
  • Impair overall awareness of the driving situation
  • Result in reduced following distances (causing rear-ender accidents)

Other studies show that such risky behaviors are more common than we think. Three out of four Canadians admit to distracted  driving. Distracted drivers can see only 50% of the available information around them if they are not fully aware while driving. Nearly 80% of collisions are caused by as little as a three-second inattention span immediately prior to the accident.

Legal Implications

If your collision was caused by the other driver being distracted, an experienced Barrie personal injury lawyer can provide a genuine and comprehensive evaluation of your case and the right assistance to take your claim forward.

Proving the use of cell-phone while driving can be difficult, unless the causes of the accident are thoroughly investigated. Eye-witnesses or co-passengers can provide valuable evidence, while CCTV cameras or video footage available from the location can also be very useful in proving liability. An experienced personal injury lawyer who has dealt with similar cases can ensure that a robust claim is presented to ensure that you receive the compensation you deserve.

Serious Risks for Pregnant Women In Motor-vehicle Collisions: Ajax Personal Injury Lawyers Can Help

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Pregnant women face very high risks to their own lives and that of their unborn babies if they’re involved in a motor-vehicle collision (MVA). This fact was confirmed in a study conducted in 2014 that examined ER data for more than 500,000 women across a five year period in Ontario. Women, especially those in their second trimester of pregnancy, are at a much higher risk according to an article published in the May 2014 issue of the Canadian Medical Association Journal. Nearly 3% of pregnant women were involved in serious collisions, with winter being the peak season for such mishaps.

The study also draws certain links between the occurrence of serious, life-threatening collisions and the woman’s being in the middle months of her pregnancy. According to Dr Donald Redelmeier the lead investigator in the study, pregnant women may be less vigilant due to fatigue, insomnia and back-pain which commonly occur in this period. The woman is also more stressed in anticipation of the baby’s arrival and the attendant changes to routine and relationships within the family.

Is Driving Unsafe During Pregnancy?

Dr Redelemeir found it interesting that most of the concerns that women had were about things like hot tubs or roller-coaster ridesbut never about driving. Working women and home-makers take driving as a matter of course and they don’t see anything inherently risky in it. However, statistics show that the risks are higher in the middle part of pregnancy and women should be aware of this fact.

Obviously, the study doesn’t recommend avoiding driving altogether during pregnancy. In fact, it’s much more physically and emotionally healthy to continue doing routine things and keeping to one’s normal schedule as much as possible.

Risks

Maternal trauma following an MVA can range from mild and superficial injuries to the need for immediate cardio-pulmonary resuscitation. Medical ethics demands that maternal assessment and therapy take priority over fetal care. Hence, doctors in ER tend to focus on keeping the mother’s risk at a minimum as compared to the unborn fetus’s. In general, about 4-6 hours of hospitalization is recommended for observation unless there are severe injuries caused by high-velocity impacts or pedestrian collisions.

Common complications of MVA in pregnancy include:

  • Placental abruption (separation of the placenta from uterus before birth of baby)
  • Hemorrhage
  • Pre-term birth
  • Rupture of uterus
  • Trauma to fetus due to impact
  • Injuries to fetal brain caused by restraints like seat-belts, airbags etc
  • Limb, rib or skull fracture for both mother and baby

Regular follow-ups and check-ups after any MVA, however minor,  are important.

An experienced Ajax personal injury lawyer who has dealt with similar cases can provide the right assistance and advice.

Safety Tips

Pregnant women should simply follow standard safe driving behavior and this includes:

  • Seat-belt usage
  • Following traffic rules and signals
  • Avoiding distractions like cell-phones
  • Staying within speed limits

Accidents are not always “accidental” – they’re caused by someone’s fault or negligence. If your collision was caused by a distracted/alcohol/drug-impaired/speeding driver, contact an experienced Ajax injury lawyer. You may be entitled to compensation.

How Mediation Works In The Claims Settlement Process

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When Brampton personal injury lawyers first evaluate a case in their initial, no-obligations interaction with a client, they ensure that they provide a comprehensive and genuine assessment.

This allows the claimants and their families to make an informed choice about the merits of the claim and what their chances of getting a successful outcome are.

Every accident is unique and can have a different impact on the life of the injured victim. Some serious injuries can be life-altering or life-threatening while others may result in a long period of disability, inability to work, be mobile or enjoy life as the person previously did.

Monetary compensation would obviously never be able to restore completely what the person lost due to injuries, but it serves to make life a little more comfortable for the injured and their families. In tort law, the role of compensation is restorative or corrective, to attempt to restore the person to prior status and/or correct the wrong done to them.

Not all personal injury claims go to trial. There has been a strong movement away from the expensive, time-consuming and adversarial court process globally. In fact, more than 90% of personal injury cases are settled out of court, through a process of negotiations and mediation. Hence, personal injury lawyers who are involved in such processes have to be skilled negotiators. Often, a neutral mediator is chosen to moderate the proceedings and ensure that a balance is maintained.

What Is Mediation?

Mediation is undertaken by skilled, neutral persons with specific training in mediation, whose role is to ensure that a mutually agreed upon solution is found to a dispute by all the parties involved.

This occurs only when both parties request mediation voluntarily and agree to share the costs equally. It ensures that both parties have the opportunity to present their side of the dispute without the pressure of winning or losing. It also gives both parties the opportunity to decide the outcome of their case without having a judge/jury control it.

Preparing for Mediation

As experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers, we take the time to thoroughly explain the mediation process to our clients. This also involves preparing the client for it and ensuring that it remains comfortable and useful.

To this end, we convey all the necessary information about the mediation process to our clients, including:

  • Possibility of hearing statements that you disagree with
  • Facing polarized views in the beginning
  • The need for patience, as the process may be long
  • Avoiding frustration, dismay, anger, disappointment etc
  • Mediator will remain strictly neutral, won’t take sides
  • Keeping an open mind, readiness and willingness to compromise
  • Not taking extremist positions
  • Maximize the opportunity to present your case and hear the other side out
  • Being fully prepared with facts, figures and evidence
  • Undertaking pre-mediation meetings and conferences
  • Not focusing on emotions

Mediators don’t have the power or authority to make a final settlement, but they play an important role in ensuring an even playing field for both sides.

At-Fault Party’s Policy Limits and Financial Position: Can They Affect Your Settlement?

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Brampton personal injury lawyers believe that compensation sought by those who have been seriously injured in accidents helps to make life a little easier for them and their families.

The primary purpose of tort law or personal injury law is to provide corrective or restorative justice. In that sense, it is a dispute settlement between two parties and different from the criminal justice system where the state is involved.

Personal injury claims are made by the injured person at their own expense to seek redress for a wrong done to them due to the defendant’s fault or negligence. The compensation is in the form of a monetary settlement that seeks to restore the plaintiff as much as possible to the condition that they were in prior to their injuries.

Financial Aspects

Although the plaintiff is entitled to seek compensation, there may be certain practical aspects that determine whether the outcome is successful or not.

In motor vehicle accidents, the injured in Ontario are entitled to seek statutory benefits regardless of fault. These are payable by the plaintiff’s own insurance company. This is subject to certain conditions.

The injured are also entitled to file a personal injury claim against the party they deem responsible for the accident and whose fault or negligence caused it.

One of the most important factors that affects the success of a personal injury claim is the financial status and/or insurance policy limits of the at-fault party.

The ability of the defendant to respond to the claim has to be taken into account while filing the suit. It is a fact that the wealthier the defendant, entity, municipality or corporation named as a defendant, juries have a tendency to award higher settlements. This is based on the belief that a defendant who is in a better financial position is more able to cover all the damages and compensate the injured person more fully than one with limited financial means.

The defendant’s liability policy limits and other available coverage are of importance when there are several claims that arise from the same collision. In some cases, a judge may award punitive damages. The at-fault party may be under-insured or uninsured. As experienced personal injury lawyers, we first thoroughly examine the available sources of coverage and the latest case laws.

One of the issues that comes into question is that all claims settled by insurance and they are covered by contract laws, and not by tort laws. The Motor Vehicle Accident Claims Fund Section 265 covers these matters. Settlements are subject to the terms, conditions, provisions, exclusions and limits prescribed in the contract.

It’s important to understand that the person insured under the contract also means their spouse and any dependent relative. Other occupants of the vehicle are also considered “persons under contract.” It also includes director, officer, employee, partner of the insured who regularly uses the vehicle, as well as their dependent spouses and relatives.

Hence experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers can conduct independent investigations to discover all these sources of compensation.

Evidence Gathering in Support of your Personal Injury Claim

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Brampton personal injury lawyers can help boost chances of achieving a successful outcome by immediately beginning to work on your case. This involves putting together a robust case in support of your accident injury claim, since presenting the right kind of evidence and documentation is a crucial aspect in proving fault and negligence.

Accidents aren’t always “accidental.” They leave a trail of destruction in their wave in the form of physical, financial and emotional consequences. Unfortunately, most accidents are avoidable and preventable, since they’re usually caused by a lack of following reasonable safety norms, carelessness or even a deliberate flouting of regulations.

Contact the nearest personal injury lawyer in Brampton if you or a loved one has been seriously injured in a car accident or a slip and fall accident. We offer a swift, genuine and comprehensive evaluation of your case and provide the right information and advice to help you get the compensation you deserve.

Settlement Process

Nearly 95% of personal injury claims are settled out of court, through a process of discussions, presentation of each side’s point of view backed by proof, negotiations, arbitration and mutual agreement. Very few personal injury claims are tried in court and there could be a number of reasons for this. In some cases, the plaintiff truly feels they “want their day in court,” when the issues have a strong emotional or ethical foundation. In other instances, the dispute between the insurance company and the complainant cannot be easily resolved, and a court process becomes necessary.

As experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers, we understand the importance of being prepared when we enter into negotiations with the at-fault party, their legal representatives and their insurers. Preparation for all situations, whether negotiation or trial, is an essential part of our brief, whenever we take up a case.

Importance of Evidence in Personal Injury Claims

Personal injury claims are decided on the basis of evidence of negligence, injuries and the impact of these injuries on the victim’s life.

Unless seriously injured, the victim himself/herself can get:

  • Photographs of the accident scene with date and time stamp if possible
  • Details of all those involved in the accident
  • Witness contact details
  • Insurance information of at-fault party
  • Model, make and license plates of the other vehicles involved
  • Medical treatment received, when and where
  • All documentation and receipts/bills regarding any expenses connected with the accident.

Independent investigations can collect:

  • Police and traffic reports
  • Testimony from expert witnesses
  • Video or CCTV camera evidence if available
  • Digital reconstruction from collision specialists
  • Evidence showing condition of other driver (impaired, distracted etc)
  • Maintenance records of premises

In accident cases, there are chances that geographical aspects can change, signs like skid-marks from tires, blood-stains, evidence of fault in automobiles, infrastructure etc can be repaired, faulty flooring can be repaired, the factors that caused the accident can be changed, people’s memories may fail and their remembrance of things could get hazy with the passage of time.

Evidence gathering is crucial. Our 24×7 injury lawyers can begin to protect your interests and rights immediately.

Personality Factors And Settlement Outcome: Is There A Relationship?

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Brampton personal injury lawyers understand that accidents cause a variety of injuries, ranging from minor cuts, bruises etc to serious, life-changing or life-threatening ones. In most cases, injuries result in physical, financial, social, emotional consequences that impact not only the injured person but also their families.

Injured victims are entitled to seek compensation for:

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

are some of the categories under which compensation is sought.

Since accidents are usually caused by someone’s fault or negligence, the compensation is paid out by those responsible or liable for such fault or negligence. Hence establishing and assigning liability is one of the cornerstones of ensuring a successful outcome in personal injury claims. The evidence of injuries and demonstrable proof of their impact on the injured person’s life is another important aspect of getting the right compensation.

There may also be a number of other factors that could influence the nature and extent of settlement, especially in a court trial.

Personality and Attitude

Although cases are judged on facts and an objective reading of the circumstances, one of the factors that may contribute to the trajectory of a case is the personality or attitude of the parties.

In court, their appearance, conduct, testimony, perceived motives could have a bearing on the final outcome. Obviously, all parties are prepared to be completely truthful and provide all material information that’s asked of them, but their attitude, character, candor, station in life, intelligence, ability to provide a convincing testimony etc could have an effect on juries.

Juries may identify better with those who convey information in a way that’s easy for them to understand and who seem to have “common sense” rather than an overly-intellectual person who may seem patronizing, over-smart or condescending. These are important aspects that experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers keep in mind when they present an expert witness or an eye-witness. Any exaggeration, misrepresentation, false statements or withholding of information can have a negative impact.

In mediation or negotiation situations, an attitude of forthrightness and candor often have salutary effects. When the opposite side feels that certain information is not being shared or is being withheld, they may develop a negative attitude, or they may suspect that there is some weakness in the claim.

Negotiation and mediation are undertaken with a primary focus on the willingness to settle through a mutually agreed compromise. The desire to “win” and “never lose” can be counter productive, and the chance to get a reasonably good settlement can be lost if the case goes to trial, since juries are unpredictable and the outcome is uncertain. A fixed bottom-line approach may not always work, and our experienced 24×7 injury lawyers encourage our clients to have patience and an open mind.

Since we work on a contingency fee basis, injured victims and their families don’t have to pay any legal fees upfront. We can also help you to tide over difficult financial situations in certain cases and ensure that you receive the best possible medical attention.

Car Accident Claims: Insurance Companies Have The Inside Track!

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Brampton personal injury lawyers are aware that when accident claims are made, the insurance company that makes the settlement  pay-out is certainly going to thoroughly investigate it before they award it.

Most people assume that they are secure and protected against physical and financial damages in the event of an unforeseen disaster. They pay their premiums regularly and provide the necessary information in good faith. However, when they or their family-members are seriously injured in a collision, they could end up having to face a long and unpleasant dispute with the insurers who could devalue, deny or dismiss their claims for various reasons.

Insurance Agents Know A Lot More Than What You Tell Them 

When you purchase a policy or you’re a plaintiff in a personal injury claim made against an at-fault party, there is a certain amount of information that you know you have provided. However, as industry observers in the US, for instance, opine, there’s a lot more that’s available to the insurer than from the obvious sources.

Information regarding your rating factors based on such things as your address, your claims history, whether you’re a non-renewal risk, what types of claims get rejected, under what circumstances you don’t have coverage, etc. is routinely analyzed by insurance services providers and stored for use in the event of a claim.

Ontario drivers are assured of accident benefits regardless of fault under the Statutory Accident Benefits Scheme (SABS) however, there have been sweeping changes in the laws over the last few decades. As a result, insurance companies have taken on board a number of other issues when they evaluate a claim for settlement.

Overlooking “fault” : In certain instances like rear-enders, where the question of liability is obvious, insurers may not be really concerned about establishing responsibility. Instead, they tend to focus on the kind of injuries that occurred, whether they cross the threshold, and are estimated to be above the standard deductible. Hence, cause is not a serious concern sometimes as far as calculating settlement goes.

Vehicle damage: One of the paradoxical aspects of estimating amount of settlement is the effect that images of damage can have on a jury. Although low-speed low impact accidents can cause serious injuries, insurers tend to give more importance to accidents where vehicular damage is equally spectacular.

Pre-Accident Status: The victim’s age and state of health prior to the accident are scrutinized and their level of functioning at that time is taken into account while arriving at a settlement.

Treatment and Rehabilitation: The various kinds of treatment, rehabilitation, medications and therapies being taken are studied in detail to evaluate whether the nature and extent of injuries are as serious as claimed. Whether the victim is making an effort to recover his/her health and genuinely looking for ways to support themselves financially is another issue that could be examined by insurance companies.

Other benefits: All other available sources that can be tapped to get benefits are thoroughly investigated by insurance companies to reduce their own contribution.

It’s wise to contact the nearest personal injury lawyer in Brampton without delay to ensure that your rights and entitlements are fully protected and you receive the compensation that you fully deserve.

Your Car Accident Injury Claim: Some Little Known Aspects

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Brampton personal injury lawyers frequently deal with motor-vehicle collision claims in which people have been seriously injured. These accidents are usually caused by someone else’s fault or negligence and they leave the victims facing enormous physical, financial and emotional consequences.

Most of us believe that insurance provides a safety net in case things go wrong for us. This belief gives us a sense of security and protection, knowing that our lives and those of our dear ones can be made more comfortable in the event that we’re rendered immobile or unable to work following an accident.

However, what we fail to note is that insurance companies are for-profit organizations and their business goal would be to reduce outgoings to the maximum. To this end, they may deny, devalue or dismiss your claim on various grounds.

It’s wise to contact the nearest personal injury lawyer in Brampton when such a mishap occurs, so that your interests remain protected throughout the claims process.

What You May Not Know About Car Accident Claims

Insurance companies and the police use different criteria for determining fault in accidents. There are many aspects of Ontario’s SABS (Statutory Accident Benefits Scheme) that injured victims may not be familiar with. Parking lot accidents are one of the most controversial types of accidents and there are several complex issues involved in determining fault. These and other problems are things that few ordinary people know much about. Our experienced 24×7 injury lawyers can provide timely information and guidance.

  1. Parking Lot Accidents: These are very commonly-occurring incidents.  There are general rules and conventions that drivers are supposed to abide by when entering, exiting and maneuvering their vehicles inside a parking lot. However, it’s difficult to firmly establish liability and it differs from case to case.
  2. No-fault insurance: Ontario is among the provinces that provides statutory benefits to injured victims, regardless of fault. This no-fault regulation however means that you have to collect settlement from your own insurance company.
  3. Police may not always charge an at-fault party: In case of bad weather or something that happens beyond the drivers’ control, the police may not hold one of the parties responsible for the accident. However, according to the Insurance Act, the Fault Determination Rules must be used to establish liability on a scale of 0-100%.
  4. The police don’t always have to be called: If the total amount of damage is below $2000 and no one is injured, you can report the accident to your insurance company and to the local collision reporting center only, instead of the police.
  5. Leaving an accident scene is a crime: No matter how minor the accident, it’s the duty of a driver to stay at the scene of an accident. Hit and run drivers face criminal charges with up to five years’ imprisonment, cancellation of their insurance policies and hefty fines for failing to stop. 

Brampton car accident lawyers can provide more information, advice and assistance if you or a dear one has been has been injured in a motor-vehicle collision.

Traumatic Brain Injury: The Risk of Developing ADHD

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Brampton personal injury lawyers believe that keeping abreast of  the latest information in medical, legal and insurance issues gives them the resources to best serve their clients.

Accidents can result in a variety of injuries, ranging from simple cuts, bruises or sprains to serious, life-changing injuries that result from brain, spinal or organ damage. These injuries can have a devastating effect on not just the injured victim but also on the entire family.

Loss of income/wages, high medical and rehabilitation expenses and the associated pain and suffering are the most common consequences of serious injuries.

Studies show that nearly 160,000 Canadians sustain brain injuries every year and nearly a million Canadians are currently living with the effects of traumatic brain injury (TBI). Almost half of these injuries were sustained in motor-vehicle accidents and falls.

There are numerous symptoms associated with TBI and some of them are also late-appearing. They include dizziness, loss of balance/consciousness, headaches, nausea, cognitive/memory/functional loss, mood, personality and behavior changes, depression, confusion, sleep and concentration problems etc.

Traumatic Brain Injury and ADHD (Attention Deficit Hyperactivity Disorder)

Specialists have also discovered links between certain types of disorders like attention deficit/hyperactivity and a previously sustained TBI.

Such issues can have a significant impact on the injured person’s life, career and relationships. Almost 30% of traumatic brain injuries are sustained by children and youth. This means that a young person has to spend the rest of his/her life living with the after-effects of TBI and its attendant consequences.

Researchers in St Michael’s Hospital have conducted a study that shows a “significant association” between two apparently unrelated issues – ADHD and TBI. This study reveals that nearly 12.5% of adults with a history of traumatic brain injury were also diagnosed with ADHD or tested positive in self-report tests.

The study’s lead author, Gabriela Ilie opines, “The odds of having or screening positive for ADHD if you have a history of TBI are about 2.5 times higher than in adults who have never had a history of TBI.” Figures projected for 2020 reveal that TBI is slated to become the largest contributor to disease and disability after heart disease and depression.

How does ADHD impact the person’s life?

When left untreated ADHD affects not just the patient but also the family and career. It also affects the person’s education, employment, relationships, financial status and quality of life.

Adults with ADHD symptoms could face problems including:

  • being disorganized in searching for employment
  • having to face negative perceptions from potential employers
  • problems with time-management
  • social skills impairment
  • need for special environments to work in
  • difficulty in maintaining relationships
  • issues with impulse-control and anger management
  • display excessive risk-taking behaviors
  • often indulge in substance and alcohol abuse.

These factors contribute to a major change in the person’s quality of life. Contact the nearest personal injury lawyer in Brampton if you or a dear one has suffered TBI in a car accident. You may be entitled to compensation because most accidents are caused by someone else’s fault or negligence. We ensure that your interests are protected.

Preventing Slip and Fall Accidents: Staying Safe While Out Walking

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Brampton personal injury lawyers understand that slip and fall accidents can occur like a bolt from the blue, but often their impact can be felt by the injured victims and their families for a very long time.

A simple fall can result in a variety of injuries, based on the location, kind of fall and the age/health status of the victim. In general, older people, pregnant women and people with health issues may suffer a greater impact.

In many cases, the victim may fail to report the problem, or consider the injuries too minor to warrant a visit to the doctor or ER. What is seldom understood is that accidents are not always “accidental.” They’re usually caused by someone’s fault or negligence. The injured are entitled to seek compensation for the losses they suffer as a result. Experienced Brampton slip and fall injury lawyers can provide advice and assistance.

One of the issues faced in slip and fall claims is establishing liability. If there are aspects of the case that suggest that the complainant was himself/herself careless or has contributed in some way to the accident, the settlement could be reduced proportionately. Taking reasonable precautions is important and can certainly play a role in ensuring the success of your claim.

Preventing Slip and Fall Accidents

Although it’s impossible to completely eliminate risks, especially if they’ve been created by other people, you can reduce your chances of slipping or tripping and falling.

Planning ahead is important: Even if it’s a short walk down to the corner store or a stroll round the neighborhood park, it’s wise to know exactly what is involved. Planning ahead involves knowing the route well, checking weather forecasts, being aware of potential hazards on the way like construction zones, uneven terrain, traffic conditions, etc.

Ensure visibility: If you’re an older person or have health issues, walking after dark and running errands on cloudy days is inadvisable. There may be areas that are poorly-lit that could cause a fall. If you wear glasses, ensure that you wear the right ones. We often step out wearing our reading glasses which may not be suited for moving around outside.

Wear the right gear: Dressing right when you step out is not just for aesthetic reasons. If you’re caught in rain or a sudden cold spell and not dressed right for it, you may hurry to get to a shelter and this can be hazardous. Similarly, wearing the right footwear is equally crucial. Non-skid, comfortable footwear is essential for not just older people, but for anyone who wants to stay safe while walking. Ensure that it’s in good condition.

Be aware and cautious: Listening to music, texting, answering calls on your phone etc are dangerous. Stay vigilant and alert at all times to avoid risks. Obey signs that caution “Wet Floor” or “Don’t Walk Here.” Watch for clutter and debris around construction zones.

If by some misfortune, you do slip and fall, whatever the nature of injuries, it’s wise to contact the nearest personal injury lawyer in Brampton who deals with similar cases immediately. We offer the right guidance to help you through the entire process.

Ontario’s 400 Series Highways: Stay Safe From Collisions

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Brampton personal injury lawyers know from experience that Ontario’s 400 series highways have a reputation for being risky and accident prone. For people who live and work in the southern locations of Ontario, these highways form an essential part of their daily commute. But they’re also the location for high volume traffic, regular shut-downs and closures due to accidents and delays caused by winter weather conditions.

Accidents are not just “accidental” – they’re usually the result of someone’s fault or negligence, or the flouting of safety norms for various reasons.

Catastrophic injuries can result from accidents on such high speed expressways and they leave a trail of destruction and irreversible problems in their wake. If you or a dear one has suffered injuries in a motor-vehicle accident, whether as a driver, passenger, pedestrian, bicyclist etc, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

The 400 Series Highways

The system of controlled-access highways known as the 400-series highways in Southern Ontario are under the provincial jurisdiction of Ontario and regulated by the province’s Ministry of Transportation. They’re built to high design standards, have a regulated speed limit and are monitored by various sophisticated traffic-management and collision-avoidance systems.

Although they initially recorded very low accident rates, some of them are currently under the scanner in television programs like Discovery Channel reality shows like Heavy Rescue :401 which focus on rescue operations, police officers and towing vehicles which help to clear the area when accidents happen.

Highway 401 crossing Toronto is the busiest stretch of expressway in the world! Statistics show that nearly 400,000 vehicles use the 400 series highways every day. Considering these figures, the accident figures are surprisingly low.

The Ontario traffic authorities have done exemplary work to minimize risks as far as the road conditions are concerned. The lower speed limits and the plentiful room provided for turning or merging, coupled with the installation of the Tall Wall that prevents trailer trucks from crossing over the barriers into oncoming lanes are features that certainly reduce the risks.

Safety Issues

Yet, accidents can and do happen on these routes. Road conditions, visibility, driver distraction, cellphone-usage, fatigue, unforeseen events are the most common causes.

Certain “hot spots” were identified and the police have encouraged drivers to exercise extra caution while passing through these areas.

Additionally, road safety features mandated from time to time have ensured the reduction in collisions caused by large transportation trucks and trailer trucks. The trucking industry is concerned about the risks and has taken important steps to ensure safety. Stephen Laskowski, President of the Ontario Trucking Association opines, “…we need to look at can we get better and the answer is yes.” He also felt that human error accounts for most at-fault accidents.

Features like speed governors, electronic trucking logs, tracking driver hours of service, electronic stability control management, mandatory entry-level training programs for drivers etc certainly go a long way in keeping the 400 series safer.

Experienced Brampton car accident lawyers can provide the right information, advice and assistance and ensure that your rights are protected.

Slip and Fall Accidents: Why Your Claim Could Be Denied

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Brampton personal injury lawyers often have to deal with insurance companies who initially deny or dismiss compensation claims made by people injured in slip and fall accidents.

Most of us believe that our insurance policy will cover our expenses and lost income and also compensate us for our pain and suffering following a serious injury sustained in an accident caused by someone else’s fault or negligence. However, what we forget is that insurance companies can and sometimes do act in bad faith, or they may adopt delaying tactics, minimize the nature and extent of your injury, deny/reduce their client’s liability etc in order to protect their own business interests.

Common Tactics That You May Have To Face

Contacting you immediately or soon after the accident: This move catches people at a vulnerable point, when their judgment is clouded by anxiety, pain, confusion etc. Injured victims/their families haven’t had the time/opportunity to gauge the full extent of their injuries or contact a personal injury lawyer. Insurance adjusters may offer a “quick and hassle-free” settlement which could turn out to be woefully inadequate later.

Requesting recorded statement/signed documents: Injured victims could make inadvertent admissions or say things without the full understanding of their import. Signing documents may give permissions to access confidential records, or provide waivers and releases of your claim.

Partial responsibility: At-fault party insurers may try to intimidate the injured person citing “partial responsibility” for the accident and offer the “best deal under the circumstances.”

Devalue/Criticize your medical treatment: Insurers may advise you that your medical treatment is unnecessary/over-done etc and that it may not get coverage.

Misinformation: Claims-adjusters may inform you that you’re entitled to only certain benefits, or misrepresent the amount of coverage available to you.

Why Claims May Be Denied

Apart from the tactics used to stall or delay your claim, insurance companies may also outright deny your claim. A Brampton personal injury lawyer with specific experience and expertise in handling the complex legal, medical and insurance issues involved can certainly provide the right guidance.

Apart from these problems, clients also have a responsibility to understand their coverage and ensure that their policies are kept valid and updated.

Some common reasons why claims are denied:

Factual or typographical errors: If you’ve moved, changed your bank, purchased a new vehicle, added a new family-member etc, and not added this information in your policy, it could work against you. It’s important to update your current address and status changes.

Padding: Ensure that your claim is factual, genuine and not exaggerated in any way. Compensation is meant to restore you to your original state prior to the accident, but not put you in a position where you profit from it.

Stay Safe: Follow the rules, if you know a property is unsafe to walk in, avoid it. Wear appropriate footwear and clothes, avoid walking outside if you’re unwell or on medication. Use your spectacles if needed.

As a result of such tactics and/or inadvertent errors, many injured persons could end up not getting the settlement they rightly deserve. Our experienced Brampton slip and fall injury lawyers can provide the right advice, assistance and advocacy.

Selecting The Right Personal Injury Lawyer: It Can Make All The Difference!

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Brampton personal injury lawyers understand the importance of getting the best possible settlement for their clients who have been injured in accidents.

Accidents can result in life-changing consequences and getting monetary compensation helps to make the lives of victims and their families a little easier and more comfortable.

However, unless you have the right kind of legal advice, assistance and advocacy, getting a satisfactory settlement from those responsible for causing the accident can be a well-nigh impossible task. There are several complicated legal, medical and insurance issues involved and only an experienced and knowledgeable legal mind can deal with them.

Selecting the Right Personal Injury Lawyer

Obviously, there are many factors involved in winning a satisfactory settlement. Getting the right personal injury lawyer certainly plays a huge role in this process.

  1. Exclusive practice of personal injury law: The law like most other fields has areas of specialization, in which a legal professional gains experience and expertise. A family lawyer or criminal lawyer for instance would not be able to help you as much as someone who practices personal injury law exclusively.
  2. Referral: In many cases, a law-firm may refer your file to another outside firm or lawyer. In such cases, you may have to pay referral fees. You may also have gone to this firm based on a recommendation and if they’re outsourcing their work, it’s not something that you may want.
  3. “Runners”: There have been instances where the injured victim/family signs up with people who are not actually lawyers. They approach accident victims and promise to win them a substantial settlement but in reality, may only take the case to inexperienced lawyers, paralegals etc.
  4. Communication and comfort: You need to feel respected and treated with dignity, whatever your status. Trust your gut feel and analyze whether you feel comfortable with the lawyer, whether it’s easy to communicate with them and that they will keep you informed and involved in the case.
  5. Experience: Pick a lawyer with specific experience in your kind of case and a good track record of success.
  6. Trial ready: Apart from negotiation skills, your lawyer should be prepared to take the case to court.
  7. Check if there are conflicts of interest: The lawyer may defend the at-fault party or their insurers. In such a case they may not be the right ones to represent you.
  8. Don’t hesitate to question: Clear all your doubts and ensure that you have complete clarity on fees, time-lines, keeping you updated etc.
  9. Disciplinary record: Cross check if they have a good reputation for ethical practices with the bar association and the medical community
  10. Language: Select a lawyer whom you can communicate with if you’re not familiar with a particular language.
  11. Staying involved: Select a lawyer who will communicate regularly and keep you updated on status, progress, strategy, changes to laws, information etc.
  12. Get clarity on financial terms: Fee structure, expenses, financial support, contingency fees etc. and ensure that these terms are provided in writing.

An experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer can protect your interests throughout.

Car Accident Claims: How Long Do They Take?

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Brampton personal injury lawyers know from experience that one of the first questions injured victims or their families ask is, “How long will my case take to reach settlement?”

This is something that we try our best to answer realistically, while explaining all aspects of the claim and providing a 360-degree view of the case.

Accidents happen out of the blue and can result in devastating consequences if the injuries are serious. Most of them are caused by someone else’s fault or negligence. Unfortunately, it’s the victims and their families who have to bear physical, financial and emotional burdens.

If you or a dear one has been injured in an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

How Long Does Settlement Take?

It’s not possible to give a one-size-fits-all solution to the issue of settlement. There are multiple factors and several complex medical, legal and insurance issues involved.

They include:

Type of accident

  • Nature and extent of injuries
  • Impact of the injuries on the claimant’s life
  • Long-term and short-term effects
  • Liability of the at-fault party
  • Client expectations
  • Coverage limits
  • Negotiated settlement or trial

and many more variables. However, as our Brampton car accident lawyers and Brampton slip and fall injury lawyers regularly handle such cases, they can give a genuine, comprehensive and swift assessment. This means that the client can make an informed choice and take the matter forward.

In general the time-line for a personal injury claim goes like this:

  • Injured  person receives medical treatment
  • A personal injury lawyer is selected
  • The lawyer has to analyze the merits of the claim and go through medical records
  • If claim is not worth filing a personal injury suit, lawyer informs client and the matter can be settled with the insurance company
  • Otherwise, a claim is put together by the lawyer and conveyed to the at-fault party
  • Negotiations take place involving all parties. Almost 95% of claims are settled at this stage without a trial
  • If the claim is disputed, or the offer made is too small and deemed non-negotiable, a suit may be filed at this stage
  • In general a suit is filed only when the full extent of injury is known so that the person has reached the point of Maximum Medical Improvement (MMI)
  • Lawsuit is filed within the statute of limitations time-frame
  • Settlement is possible at any stage in the process. It may take around two years for the case to be called to trial
  • Discovery process takes place in which documents are provided, depositions are taken, questions are asked/answered on either side,  etc. This process could last for about six months to a year
  • Mediation and arbitration process is undertaken. Settlement is possible at this stage too.
  • When mediation fails, the case is finally called to trial. The date given may not always be the date on which the trial actually takes place, there may be several delays.
  • The case may take anything from one day to a week.

Hence, keeping these factors in mind, our experienced Brampton personal injury lawyers can advise our clients accordingly.

Defensive Driving: It Can Help You Avoid Accidents

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Brampton personal injury lawyers know from experience that accidents aren’t always “accidental.” With a little care and vigilance, they’re usually avoidable and preventable.

Unfortunately, they can result in life-changing consequences for those who have been injured and their families. All road users have a duty to share the road in a responsible manner so that they don’t endanger the safety of others. The injured are entitled to seek compensation from those whose fault or negligence caused the accident, and the resulting kinds of damage and injury they have suffered.

Contact the nearest personal injury lawyer in Brampton if you or a dear one has suffered injuries in a motor-vehicle accident. We can provide the right kind of advice and assistance.

Driving Habits 

The Ontario Ministry of Transport Driver’s Handbook describes what it takes to be a safe and responsible driver. Most of us learn the mechanics and techniques of driving from a professional driving-school, but we are left to pick up etiquette, courtesy, duties and responsibilities and road-sharing more or “less on the job.”

Co-operation and discipline play a huge role in responsible road-use and our own individual personalities come into play when we get behind the wheel. We seldom evaluate our driving habits, the role of the driver, our behavior etc and assess whether they may be contributory factors in case of an accident.

Defensive Driving

Today’s roads and high-speed expressways with powerful, fast-moving vehicles of all shapes and sizes can be a challenge for most drivers, whether experienced or inexperienced.

Defensive driving essentially involves driving to “save lives, time and money, in spite of conditions around you and the actions of others.” It helps drivers to anticipate and avoid collisions, despite adverse conditions and other people’s mistakes.

The main principles of defensive driving include:

  • Visibility
  • Space
  • Communication

Visibility involves seeing and being seen. Staying aware of traffic ahead and behind and on your sides is crucial. This can be done by frequent checks of your mirrors so that you’re not caught by surprise. Using your indicators and signal lights as required, hazard lights in poor visibility etc can help you remain visible.

Space management is very important. Maintaining the right distance helps to build a cushion around you so that you have enough space and time to maneuver and react.

Communication with all who share the road with you helps to maintain a co-operative environment. Signal your intentions clearly and well ahead, maintain eye contact with pedestrians or cyclists. Though honking is generally considered rude, if necessary, don’t hesitate to use the horn.

The Canada Safety Council lists the following essential principles:

  • Knowledge of traffic laws and responsible safety practices
  • Alertness in attending to changing traffic conditions
  • Foresight in anticipating and predicting unsafe actions of other drivers
  • Judgment in making decisions of least risk
  • Skills in adjusting to the fast-changing environment

The standard collision avoidance formula consists of:

  • Recognizing the hazard
  • Knowing the defense
  • Acting in time

Accidents can happen in spite of your best efforts, but our experienced Brampton car accident lawyers can assist you with the compensation process and ensure that your interests are protected.

Statutory Deductibles and Value Put on Pain and Suffering: What You Need To Know

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Brampton personal injury lawyers ensure that they always keep their clients fully informed about all changes in insurance and legislation that could affect their claim.

When accidents happen, they affect not just the injured victim, but often the entire family. There are huge medical and rehabilitation expenses, coupled with the loss of income/wages if the person was employed. Apart from this, the emotional impact of the accident and the subsequent pain and suffering that the person undergoes can have a devastating impact on the victim’s present and future life.

While it’s possible to calculate the exact amount in monetary value of lost wages and the medical/rehabilitation/treatment expenses, computing the value of pain and suffering is not such an easy task. The values have to be backed by robust evidence and demonstrable proof.

Contact the nearest personal injury lawyer in Brampton to get the right kind of advice and assistance.

What Are Deductibles?

When the new Statutory Accident Benefit Schedule was introduced in 2010, it was intended to reduce currently available benefits for serious but non-catastrophic cases, regardless of fault. This schedule allows consumers to purchase optional benefits in case they become necessary.

New changes introduced in August 2015 has resulted in a further reduction to the value apportioned to pain and suffering claims. The deductible is basically an amount that the insured person himself/herself pays towards an insured loss. When a claim is made, a certain specified amount is subtracted from the claim payment and this is known as the “deductible.” This is a form of sharing the risk between the policy holder and the insurance-company. The larger the deductible, the lower your premium.

The regulations governing how deductibles are incorporated into the policy and how they’re implemented vary across provinces.

The introduction of the no-fault insurance scheme in Ontario resulted in deductibles and thresholds both being incorporated into car accident policies. They were intended to limit the recovery made by accident victims so that the savings could be passed on to the consumer by way of lower premiums.

New Changes Mean Higher Deductibles

From 1 August 2015, all accidents will be subject to a higher deductible than the previous amount of $30,000. For personal injury claims, the deductible is $36, 540. Hence, if an accident victim is awarded $50,000 at trial, an amount of $36, 540 will be deducted automatically and the client receives only the remainder, out of which legal fees and expenses have to be paid.

These deductibles are valid under December 2017, after which they will be increased each year.

Another issue that is causing concern in the legal community is that some categories of insurance disputes will no longer be tried in a civil court. A number of disputes may now be heard by the License Appeal Tribunal (LAT).

Our experienced Brampton car accident lawyers can help you to understand the complex medical, legal and insurance issues involved in pursuing a personal injury claim. We can ensure that your rights are protected and interests safeguarded.

A Post Accident Journal: How Important Is It?

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Brampton personal injury lawyers understand that most people may have kept a journal or diary only when they were teens! It was something where they recorded all their thoughts, feelings and experiences faithfully. Few of us realize that keeping a journal or diary following an accident can be a valuable document when it comes to claiming compensation.

Car accidents or slip and fall accidents can be devastating events, with far reaching impact on not just the injured victims but also on their families. There are physical, financial and emotional repercussions to be faced, while dealing with the disruptive and destructive aspects of job/wage losses, medical and rehabilitation expenses, pain and suffering etc.

In hindsight, most accidents could have been prevented or avoided. They are caused by someone’s fault or negligence. The injured have a right to seek monetary compensation for their losses by filing a claim for either statutory benefits available under their own insurance policies (in motor-vehicle accidents) or by filing a personal injury suit against the at-fault party.

How A Diary Can Help

An accident diary is slightly different from the normal personal journal. This is meant to record all events that take place following the accident so that it can be used as an aid to memory when the compensation claim is being negotiated with the insurance company.

Most of us tend to believe that our insurance company has our welfare at heart, but in reality, being for-profit organizations, their focus is on preserving their business interests. Hence, they may dispute, deny or dismiss your claim, minimize the nature/extent of your injuries or the liability of their at-fault clients or offer a meager settlement that would not cover your present and future needs.

Hence, keeping a diary helps you document:

  • Details of the accident: Date, time, location, weather conditions, position of vehicles, vehicle make/model/license plate of the other vehicle, how and why according to you the accident occurred
  • Contact details of witnesses if any
  • Observations: including if there were CCTV or police cameras around
  • Medical attention received: Every detail has to be recorded, including ambulance, ER, walk-in clinics, hospitalization, follow-up visits, labs, diagnostics, family-physicians, therapists.
  • Bills and receipts: All bills of expenses connected with the accident, including medical/pharmacy, travel and accommodation, Rehabilitation procedures and expenses, Mobility and prosthetic devices
  • Daily activities: Documentation of these helps record the difference that the accident has made in your life. It also helps the doctor to understand the progress of your treatment.
  • Emotions: Expressing your feelings helps to demonstrate the pain and suffering aspect and emotional impact
  • Communications: Meticulously record all communications including conversations, e-mail, notifications by mail, texts, phone-calls, etc with insurance companies, at-fault parties, lawyers. Keep copies of all mails received.

Tips to be followed:

  • Make entries whenever you feel the need.
  • Be brief, honest, business-like, accurate and sign/date each entry.
  • Remember that it could be accessed by others, so avoid any confidential or personal matters.

Brampton car accident lawyers and Brampton slip and fall injury lawyers can assist you with filing your claim and the diary can prove to be a valuable resource to back your claim.

Car Accidents Involving Teenage Drivers: Causes and Contributing Factors

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Brampton personal injury lawyers are consulted by people who have been injured in accidents involving teenage drivers.

The recent single-vehicle collision in Northwestern Ontario resulted in the death of the sixteen year old driver while the eighteen year old passenger in the vehicle was hospitalized. Such incidents bring into sharp focus an increasingly alarming issue of teenagers being involved in motor vehicle accidents.

Accidents are not always accidental – they are caused by someone’s fault or negligence, and sometimes by an intentional flouting of safety rules for various reasons. The injuries that result have far reaching effects on injured victims and their families, as they have to face physical, financial and emotional trauma.

If you or a dear one has been injured in such an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

Distracted Driving By Teens

Ontario has a graded licensing system GLP (Graduated Licensing Program) in which young drivers have to move from a learner’s permit to a G1 license. This is followed by a step up into the G2 license, after which the person is deemed capable of earning a G license. This system is designed to prolong the period of time in which youngsters have independent control so that they gradually develop the skills and maturity to operate the vehicle safely.

Young adults stepping into the adult world are excited about independent use of cars. However, some of the careless and negligent behaviors that they indulge in can pose a serious risk to other road users. Organizations like the Mothers Against Drunk Driving have observed that inexperience and emotions are the primary contributing factors to accidents involving teens.

A 2013 study conducted by the Center of Addiction and Mental Health (CAMH) reveals that a large proportion of students in Grades 7-12 report that they have texted while driving.

Other studies show that one-third of students who have drivers licenses have texted while driving over the past year. CAMH sources opine that such behavior increases the chances of being involved in a collision by at least 20 times. Although it’s widely known that such behavior is risky, teens continue to indulge in it.

Driving while impaired by alcohol, drugs, prescription medications etc has, surprisingly, declined dramatically over the last two decades according to CAMH. However, risky behaviors like not wearing a helmet while riding a bicycle, neglecting to use the seat-belt while driving a car etc remain the top reasons for serious injuries among teenagers involved in collisions.

Other types of distractions include playing loud music, over-crowded cars, reaching over to adjust controls of music system, tailgating, improper left-turns, speeding, eating, grooming, applying make-up, road rage, racing, unfamiliar terrain etc.

Single vehicle crashes are the most common accidents among this age group, and male teens account for nearly 87% of accidents.

These factors result in teenagers have to pay higher insurance rates.

Our experienced Brampton car accident lawyers can provide the right assistance and advice in such cases while ensuring that your interests are safeguarded at all times.

Accident Benefit Claim: Why It’s Probably Not A Good Idea To Settle On Your Own

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Brampton personal injury lawyers often meet clients who wonder whether they can go ahead and settle their accident benefit claims on their own, without professional legal assistance.

While it’s certainly possible to manage a simple claims process by yourself if you have the patience, basic knowledge, health and time, it also depends on the insurance company’s response and the fact that other complex medical, legal and insurance issues could crop up. If you feel comfortable and confident that you can handle these issues, it could in fact work in your favor.

Another advantage is that if the damages are minor and you have the proper documentation and information, you could even come out of it pretty well, since you don’t have to pay legal fees.

Dealing insurance claims adjusters may not be difficult if you haven’t suffered disabilities or serious injuries and are armed with the right paperwork. The claims process is fairly well-structured and the settlement depends on the type of accident and injury and the related costs incurred.

How Legal Assistance Can Be Beneficial

The claims process is governed by strict time-frames. There are specified time-lines for notification, filing, etc. and specific venues and jurisdictions. Brampton personal injury lawyers regularly deal with these and hence they are familiar with them, including the changes, amendments and revocations.

Clients need to keep in mind that settlements are full and final. Once you settle with the insurance company, you waive your chances to re-negotiate or review the settlement. In fact, what you’re really doing is settling all past, present and future claims that have arisen from this particular accident.

Many injured victims and their families agree to a quick settlement as suggested by the insurers. They may also not know the total amount the insurer actually owes them. An experienced Brampton car accident lawyer or Brampton slip and fall injury lawyer who regularly deals with such cases has the expertise and knowledge to analyze and understand the full extent of liability.

Few clients understand that offers made by the insurers are always negotiable. They’re not final offers and counter-offers should be made, along with the requisite documentation and evidence to back your claim.

If you continue to remain unable to work, income replacement benefits must continue to be paid. Some clients believe that these are to be paid only for the first two years. Unless you’ve already settled your claim, you can claim catastrophic injury benefits after two years. This process is quite complicated and it’s wise to consult experienced personal injury lawyers for advice and assistance.

At later some point if you decide to file a personal injury suit, it can be negatively impacted if you’ve already settled for a meager amount. Insurers also work with what they call “burn rate” or an average of what you spend annually on medical/rehabilitation expenses and this is used to predict future expenses. A personal injury lawyer understands these concepts and can access this information to get you a better level of compensation.

Accident Injuries: It’s Important To Get The Right Medical Care

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Brampton personal injury lawyers know from experience that accidents happen in a split second, but they can have devastating, long-term effects.

Whether it’s a motor-vehicle accident or a slip and fall accident, it can result in a variety of injuries, ranging from simple cuts, wounds, lacerations, sprains etc to life-threatening, life-altering injuries that affect not just the injured person but often the entire family.

The unfortunate aspect of accidents is that most of them are preventable and avoidable. They’re generally caused by someone’s fault or negligence. The injured person/s may suffer huge repercussions in the form of physical, financial and emotional losses. They’re entitled to seek monetary compensation for:

  • Loss of income/wages or earning capacity
  • Medical and rehabilitation expenses
  • Pain and suffering

There may be other areas where compensation can be claimed, based on the individual circumstances in each case. In Ontario, statutory benefits are available to all those injured in car accidents, regardless of fault. These are payable by the victim’s own insurance company. Additionally, victims also retain the right to file a personal injury suit against all the at-fault parties whose negligence/fault caused the accident.

Getting Medical Assistance

When the injuries are serious, obviously emergency medical attention will be provided. The injured person may later be moved to an intensive care unit or a hospital ward if continuing medical treatment is required. At a later stage, the person may be discharged from hospital but may have to make further follow-up visits. This could be to the out-patient clinics or to their own family physicians. Treatments, medications and rehabilitation therapies may be recommended for further restoring good health and strength.

In some cases, the injuries appear minor initially, with little or no distress causing symptoms. However, it’s still important to visit a doctor. Apart from the legal and insurance point of view, this is crucial as it concerns your health. Some injuries tend to display late reactions and unless you get a thorough medical examination, it’s easy to miss injuries like concussion, internal organ damage, internal bleeding, whiplash, etc. Accidents can also worsen pre-existing medical conditions especially in older victims.

Another important aspect to consider is that insurance claims adjusters may report that since no doctor’s visits were made, there were no injuries at the time. This could negatively impact a claim.

Those who don’t have a family physician can walk into a clinic or the emergency department of a nearby hospital. From the time you meet the doctor, records will be kept of all aspects regarding your health status. These are valuable pieces of evidence to indicate the nature and extent of injury and its impact on your life. They help to prove that you have indeed suffered physical, financial and emotional trauma due to this accident and help build a robust claim.

It’s also important to prove that you are making the effort to mitigate your damages. This means you have to show that you are following doctor’s advice, taking medication and treatments, trying to restore your health to pre-accident level, etc.

Our experienced Brampton car accident lawyers and Brampton slip and fall accident lawyers can provide advice and assistance regarding your medical treatment.

Get The Right Legal Assistance: Tips On Choosing The Right Personal Injury Lawyer

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Brampton personal jury lawyers know from experience that accidents can result in life-altering injuries. Many studies have shown that accidents are preventable and avoidable. Most of them are caused by fault, negligence, flouting of safety norms or deliberate intent. For injured victims, this can mean a life-time of medical treatment, therapy, rehabilitation, loss of wages or earning capacity and immense pain and suffering.

Accidents can also have an emotional impact on injured victims and their families. Loss of enjoyment of life and ability to pursue recreational and entertainment pursuits that you previously did, feelings of anxiety, fear, depression, sleep disturbances, mood swings, personality changes etc can result in social isolation and breakdown of relationships. The need for a caregiver and continuing medical care, coupled with no income, can cause a financial meltdown.

If you or a dear one has suffered injuries in an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

Do You Really Need A Lawyer?

If your injuries/damages are minor, you probably don’t require the services of a lawyer and you can work things out with the appropriate insurance companies and arrive at a mutually agreed-upon settlement. However, if the injuries are serious, require medical treatment and hospitalization, you would be better advised by an experienced personal injury lawyer.

Insurance companies don’t always act in good faith. Their focus remains on protecting their business bottom-line, as they are for-profit organizations. They may attempt to minimize the nature and extent of injuries and their client’s liability, deny or dismiss your claim etc.

Choosing The Right Lawyer

Hiring a personal injury lawyer to represent you requires careful consideration. It’s akin to selecting the right doctor. It’s important to make an informed choice that enhances your chances of a successful outcome. Shortlist a few likely names and go through them systematically.

Keep the following aspects in mind while selecting the right personal injury lawyer:

  • Analyze and be aware of what you need from the lawyer and what your final goal is
  • Ensure that you select a personal injury lawyer and not a generalist
  • Use trusted referrals from family, friends, co-workers, etc instead of simply picking a name from the Yellow Pages.
  • You can also browse through on-line websites of reputed lawyers/law-firms
  • Verify credentials
  • Read reviews
  • Prepare a list of questions that you want answered
  • Address concerns about fees, process, strategy, duration
  • Has the lawyer handled similar cases and what was the outcome?
  • Have they dealt with insurance companies and what was the outcome?
  • Clarify whom you will be dealing with in the law-firm
  • Ensure that they keep you updated through mail, phone or text
  • Analyze whether you feel respected and comfortable
  • If you don’t speak English well, you may need a lawyer who can understand and communicate in your own language
  • If the case cannot be settled through negotiations, is the lawyer prepared to take the case to trial?
  • Get clarity on fees and payment structure
  • Get a written contract that details all important aspects

Brampton car accident lawyers and Brampton slip and fall injury lawyers can ensure that your rights are protected and help get the compensation you deserve.

Personal Injury Lawyer’s Fees: How Much Will I Have To Pay?

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Brampton personal injury lawyers often meet potential clients who are concerned about the kind of fees that they will have to pay us if they hire us to pursue their case. This is a very natural apprehension and we make every effort to ensure that our clients receive detailed, clear, transparent information about every aspect of the case, including fees.

Clients are also confused about the different rates charged by different lawyers and law-firms. As with all professionals, there is a governing body to regulate lawyers, viz., in this case, the Law Society of Upper Canada, but there is no regulation on the fees that lawyers are allowed to charge. Hence, the rates can vary according to area of practice, experience, reputation, knowledge etc. with certain exceptions like minors or people with disabilities. In general, the more serious the injuries, the more important it is to hire an experienced, knowledgeable personal injury lawyer.

How Fees Can Be Calculated

In a landmark case in 2000, the Ontario Court of Appeal listed the considerations taken into account while fees are calculated:

  • Time spent
  • Legal complexity of case
  • Degree of involvement in case
  • Monetary value of the case
  • Importance to the client
  • Skills and competence of lawyer
  • Results
  • Ability of client to pay
  • Client’s expectation of a reasonable fee

Almost 95% of personal injury lawyers charge their clients what is known as a contingency fee. This means that no fees have to be paid upfront. Instead, the lawyer or law-firm assumes full financial responsibility in the case, including in many cases, funding medical and household expenses. Many lawyers also provide the No-Win No-Fee contingency. This means that only expenses have to be paid in case of an unsuccessful outcome.

This system is designed to benefit those litigants who are genuinely unable to afford legal services. It allows them to pursue a case which they may otherwise have been unable to do. The lawyer gets paid a percentage of the settlement amount. In general, this would be about 33% of the final settlement amount, but some lawyers may charge between 20-25% plus costs though this is a moot point under the Ontario Solicitors Act. “Costs” refers to expenses like accessing police, traffic, medical records, hiring witnesses, conducting independent investigations, filing fees, serving summonses/subpoenas, expert witness fees, court fees etc.

The contingency fee agreement has to be put in writing and clearly understood by the client. Verbal agreements are not recognized by the law. The contract has to also clearly specify that the client was given the choice of hiring the lawyer on an hourly basis or a contingency basis. The client must be fully involved in making critical decisions.

Settlements are typically divided into the claim portion, costs portion and third-party disbursements. The entire settlement amount paid by the at-fault party is to be paid to the client who then gives the agreed percentage of it to the lawyer.

Our experienced Brampton car accident lawyers and Brampton slip and fall injury lawyers can explain the fee structure in complete detail and answer all your concerns and queries.

Accident Injury Claim: What To Expect At The Initial Meeting With A Personal Injury Lawyer

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As Brampton personal injury lawyers know from their experience in dealing with numerous clients, the initial, first interaction with the client can often set the tone for the relationship. It’s when people have suffered injuries of various kinds – physical, financial and emotional – that they approach a personal injury lawyer. For many, it’s the first time they’re meeting a lawyer professionally.

Purpose of Initial Interviews

Personal injury lawyers provide an initial, free, no-obligations first interview, to evaluate/assess the case from a professional standpoint. They can gather enough information to understand:

  • the nature of the claim
  • circumstances under which the injury happened
  • impact on the client’s life and family
  • merits and demerits
  • chances of a successful outcome

The other important purpose from the lawyer’s or law-firm’s point of view is to “sell” their services to the client so that they are retained in the case.

From the client’s side, this interview is equally crucial, since they have approached the lawyer in a state of emotional distress or difficulty and want to seek compensation. Clients are also intimidated by the legal process or what they’ve gathered about it from film, television and the print media.

Clients may have concerns about their chances of success, legal costs, possible outcomes, how long the process would take and what exactly they have to go through. They also want to tell their side of the story.

Prepare For The Interview

It’s important that both lawyers and clients are prepared for these interviews, so that it proves fruitful and successful. Since experienced personal injury lawyers meet with clients regularly, they have a standard process of information gathering and interviewing the client.

Clients need preparation before they arrive for the first meeting.

  1. Clearly write down/type out your personal details: Name, Age, Address, E-mail, telephone numbers including whom to contact in case you cannot be reached.
  2. Family details: spouse, children, parents etc along with a clear photograph of yourself
  3. Nature of accident
  4. Date, time and location of accident
  5. Copies of photographs, videos, etc of the accident if available
  6. Contact details of witnesses if any, if available
  7. Complete details of all insurance policies held by yourself and family members who reside at the same address as you, including home-owner’s policies. A photocopy of each of these can be provided.
  8. Copies of any documents in connection with the case: medical bills, doctor’s prescriptions, police records, bills detailing other expenses in connection with this accident
  9. List of injuries and damages to property
  10. List of all doctors and therapists, medical facilities, pharmacies, clinics, hospitals, ERs, labs, etc that you have attended in connection with this case.
  11. List of all prior injuries and illnesses that you have had, including any prior claims made. Dates and where and when you availed treatment should be provided. All this information will be brought up in the case, so ensure that it’s accurate and honest.
  12. If you’re seeking representation on behalf of an organization or corporation, the complete details should be provided. It’s important that you clarify for the lawyer who exactly the client is in this case.

This information can help you and our 24×7 injury lawyers to move forward in the case more smoothly and swiftly.

Car Accident Claims: Do Insurance Companies Respect Your Privacy Rights?

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Brampton personal injury lawyers know from experience that there’s a huge disruption in people’s lives when car accidents occur, since they’re completely unforeseen events. Shock, fear, anxiety and confusion are uppermost in the minds of all those involved, along with the trauma and pain they feel if there are injured. The first priority would obviously be to get immediate medical help and ensure that the injured are safe and comfortable.

Following this, there are several important steps to be taken. The traffic and police authorities and insurance companies have to be informed. Accidents are caused by someone’s fault, negligence or intentional flouting of safety norms. Seriously injured victims face a bleak future, beset by physical, financial and emotional burdens. They’re entitled to seek compensation from those responsible for the accident.

Claiming Compensation

According to Ontario laws those injured in car accidents are entitled to claim statutory benefits regardless of fault. This is based on certain criteria and is paid out by your own insurance company. Victims are also entitled to file a personal injury suit against the at-fault party/parties and this is paid out by their insurers.

Each case is unique, and the kind of settlement claimed and awarded varies according to circumstances of the case, proof of negligence, establishment of liability, evidence of injuries and their impact on the claimant’s life, etc.

An experienced Brampton car accident lawyer can advise and assist you to build a robust claim backed by the necessary documentation.

Privacy Rights

People purchase insurance in good faith, as it provides security and peace of mind. We presume that when disaster strikes, our insurance policy is available to take care of medical expenses, lost income etc.

When claims are filed, the insurance company that makes the payout could deny, dismiss or dispute your claim, for any number of reasons. Insurance is a for-profit business and the main goal would obviously be to protect the business bottom-line.

One of the issues that concerns claimants is that the at-fault party’s insurers could launch a surveillance on them in a bid to disprove their claims. Many companies routinely conduct an investigation into a claimant’s background to collect information about background, activities, injuries etc.

These investigations are legal but they have to be conducted within the confines of the law. Clients have a natural expectation of privacy. Trespassing on private property, intercepting electronic communications, issuing threats, defamation etc are illegal. Insurance companies in Ontario are required to maintain a “privacy wall” which prevents them from sharing information even between their own departments.

Your privacy rights must be respected. This includes:

  • No permission to enter your home or business-premises to conduct surveillance
  • Videotaping is allowed in public places including outside your home/work-place
  • Videotaping of claimants exercising or doing heavy work is permitted
  • Private and confidential information like medical records will be kept strictly private and used only for handling your accident claim
  • Your insurer and that of the at-fault party could be the same. In this case, protecting your private/confidential information is crucial

Our experienced 24×7 injury lawyers can help protect your all your interests including that of privacy.

Seeking Compensation in Slip and Fall Accidents: Commonly Made Mistakes

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Brampton personal injury lawyers know from their experience in dealing with such cases that injuries from slip and fall accidents can cause a huge disruption in the victim’s life. Often, the whole family may face serious physical, financial and emotional repercussions.

In the midst of attending to the injuries and medical issues, people often forget that they have certain legal rights and entitlements. Accidents are rarely as “accidental” as they seem. They are usually caused by someone’s fault, negligence, or the deliberate flouting of safety norms for various reasons.

In Ontario as in many other parts of the world, property owners and occupiers are responsible to ensure that a reasonable standard of safety is maintained on their premises for all legitimate visitors who  enter. There are often very clear contributing risk factors.

If you or a dear one has been injured in such an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

Slip and Fall Accidents and Injuries

Studies show that  in 2002-2004, more than half (57%) of injury-related hospitalizations were due to unintentional falls. Many of these resulted in death or serious injuries.

Slip and fall or trip and fall accidents are especially dangerous in the case of the elderly, and many of them get immobilized, unable to continue with their normal routine, leading to depression, poor nutrition and development of more serious medical issues. Pregnant women are also at risk. These accidents are a major issue in workplaces too.

The most common injuries sustained are:

  • Head injuries ranging from deep cuts to traumatic brain injury
  • Arm, hand, shoulder fractures, sprain
  • Feet, knee, ankle fractures
  • Wounds and lacerations
  • Internal organ damage
  • Injuries caused by falling on sharp objects like spiked railings, or hard surfaces
  • Neck and spine injuries
  • Facial and dental damage
  • Disability, disfigurement or death

Many initial medical costs may be covered by the Ontario Health Insurance Plan (OHIP) but it does not cover the cost of drugs, long-term rehabilitation, caregiver expenses or loss of income.

Common Mistakes

Like all personal injury claims, this too hinges on proving fault/negligence, establishing ownership of the property and fixing liability. There are also several legal, medical and insurance issues involved, paperwork to be completed and filed within time-frames especially if a municipal property is involved, filing at the right venue and jurisdiction, negotiating with insurers, etc.

A percentage of such accidents go unreported because the victims feel that their injuries were too minor or that they themselves were somehow to blame.

Some other common mistakes that people make include:

  • Not reporting the accident immediately to those in authority
  • Failing to collect important documents, details, photos of location
  • Not seeking immediate medical attention
  • Failing to follow doctor’s advice
  • Not being proactive about your recovery, keeping your doctor updated
  • Failing to preserve apparel and footwear worn at the time
  • Failing to get legal advice
  • Not making a note of important details like time/date/location
  • Agreeing to a quick if meager settlement

Injured victims or their families must consult an experienced Brampton slip and fall injury lawyer to ensure that they receive the right compensation and that their rights are protected.