Clearing the air – Will the suspension of the limitation period affect my personal injury claim?

Situation overview-

 As things stand, the ongoing Covid-19 pandemic has rocked our world to the core. Nothing seems to be normal. Face masks, protective suits, lockdowns, and social distancing seem to be the new norm.

With a vaccine still in the initial development stages and no other cure yet found, the coronavirus seems to be staying around here for the foreseeable future. 

In Ontario, Canada, this means that various professions have entirely stopped due to lockdown. The legal profession has also suffered from this. All courts have been adjourned, timelines for filing charge sheets have been suspended, and trials have been put on hold. Some virtual trials still take place, but the number is tiny compared to the physical trials undertaken in the courts before the pandemic.

One of the most significant changes that have come about due to this pandemic is the suspension of the Limitation Period.

What is the Limitation Period?

The Limitation Period comes under the Limitations Act, 2002. The Act states that action or legal proceedings must commence within two years of the day when the person has made a claim or known that a claim has been made. 

However, on March 20, 2020, limitation periods and all forms of deadlines for filing have been suspended, a lockdown has been imposed, and a state of emergency has been declared.

For filing personal injury claims, the limitation period deadline becomes especially important. Usually, the date from which the limitation period starts is on the day of an accident, fire, or any such incident due to which the claimant has suffered losses. 

 However, in some cases, the date can also be the day when the claimant discovers, and it becomes clear that he has faced losses or suffered injuries.

As the limitation period and normal legal operations now stand suspended, people are worried about what will happen to their personal injury claims. When will the legal proceedings be initiated?

But do you really need to worry?

You really should not worry about filing your personal injury claims. Lawyers can carry out most legal procedures and proceedings virtually. If all concerned parties agree, all talks and settlements can also be made out of court virtually.

Some personal injury claims require that in case of injuries suffered by the claimant, a doctor must produce a certificate confirming the injuries. This is also not a problem that could irk you because though, seeing a doctor physically may not be possible or safe right now. However, you can easily set up a virtual appointment or a phone call meeting with your doctor.

Courts have allowed for this change and have made it not mandatory for the claimant to even get a doctor’s certificate before proceeding to file personal injury claims.

In this day and age, nobody uses a pen and paper to store essential documents and files. Almost everything is stored virtually and personal injury lawyer Brampton can access them from anywhere. So, even getting physical copies of evidence is not a necessity right now.

 Our firm specializes in personal injury claims, and you can contact our injury lawyer in Brampton to get started with filing your personal injury claims. We have all the needed resources at our disposal to further your cause and initiate the legal proceedings. 

With our help, you will never have to worry about any form of hassles that may arise due to this unprecedented Covid-19 pandemic situation. Rest assured, the pandemic can in no way hamper your claims for a decision in your favor.

Even if you know nothing about the process of filing personal injury claims and this is your first wade into the deep waters of the law and legal world, you have nothing to be hesitant about. After all, justice is for everyone, and even a pandemic should not stop you from exercising your legal rights in a free manner.

The effects of this pandemic are not all harmful. Most parties are settling for an out of court agreement instead of taking up the hassle and, more importantly, the risk of waiting for the pandemic to end and have a physical in-court trial. Parties are also trying to settle disputes quicker since. A more significant problem is at hand for all of us.

The shift to this world of virtual trials and digital evidence is, in fact, a step in the right direction. In this digital day and age, having everything on a virtual drive has proven to be much more convenient than having to look for a physical form of evidence for hours in an old cupboard in a dark room.

 Conclusion-

If you think that you have suffered personal injuries and losses and are in a situation to file a personal injury claim, then even a pandemic should not stop you from exercising your legal rights. You should properly understand your legal rights and act on your claims by contacting our Brampton personal injury lawyer

In this unpredictable situation, there is no guarantee and stability as to what happens when and how the world reacts to it. Similarly, it would be best if you took no chances as to when laws may be changed, sanctions imposed, or worse, another complete lockdown has to be declared.

 So, act on your claims as soon as you can.

We are a law firm in Brampton, Canada. We have incredibly specialized personal injury lawyers Brampton who can help you out in your journey in filing a personal injury claim. Personal injury claims can sometimes become complicated and get trapped in sticky conditions. Thus, you should seek expert help and reach out to a professional personal injury lawyer in Brampton. For that, you can contact us. We value two things most in this world: First, our clients’ experience and their satisfaction after hiring us and secondly, our passion for the noble profession of law. We always strive to uphold these two values and wish that you also come and be part of our family. 

Collaborative divorce and how Brampton divorce lawyer can help

What is collaborative divorce?

Collaborative practice or divorce, also known as family law, means lawfully allowing couples who want to separate and conclude their marriage while working with their collaborative professionals to avoid ugly fights in court and to reach a settlement that satisfies both the spouses and their kids without the ultimatum of litigation. This is a fair and voluntary method for divorce.

These processes can also be used for other issues related to family or marriage-like feuds between parents and pre- and post-nuptial contracts. It is also a cost and money-friendly procedure with both spouses having mutual respect for each other as well. To deal with such cases, you can contact the divorce lawyers in Brampton.

What is the law regarding collaborative divorce?

There are three main principles which govern this particular law:

  • It involves solving the matter outside of court by cooperating and signing agreements that are done by both spouses as well as lawyers.
  • Spouses should show cooperation and respect towards each other to conclude the matter as peacefully as possible.
  • There should be voluntary and total exchange of information, especially financial information.

To get information about exact clauses and details of the law, you can contact our Brampton divorce lawyer.

What do you mean by traditional negotiations?

Traditional or conventional negotiations are a process of filing for divorce, which is established on antagonistic or hostile principles, even if the spouses and lawyers intend to show mutual cooperation. The thought of taking the matter to court is always there at the back of your mind as well.

The conflicts caused due to the ugly fights in court can be taxing, damaging and it takes a toll on your financial stability as well. Not only this, if you have kids, then they become the innocent victims of these cruel conflicts which may have negative impacts on their mental or physical health.

What do you mean by mediation?

In this process, a third person is involved who is neutral and unbiased. This person is known as a mediator. They don’t provide you with legal advice nor can they be supportive or biased of either side. Their job is to provide assistance during negotiations and to smooth the path so that both spouses conclude their marriage through a mutual settlement without disputes.

Even if you hire a lawyer, he might or might not be attending these mediation sessions. The spouses can consult their lawyers in between the mediation sessions even if the lawyers are not attending it. If they reach an agreement and conclude the matter, then a draft agreement is prepared by the mediator for analysis, alteration, and acceptance by the lawyers.

This is generally opted for when the separating couple has a comparatively low level of conflicts and can negotiate with just the mediator, even without a lawyer being present. Even in such cases, a lawyer is preferred to be hired so that you can get legal consultation as well as for the review and signing of the drafts. For this, you can contact us to hire our experienced separation lawyers in Brampton.

Why is getting a collaborative divorce preferred over traditional negotiations and mediation?

  • For traditional negotiations-In this process, the ultimatum of taking the dispute to court is present. This is not good for either of the spouses or their kids. Collaborative divorce removes this risk since it is a non-hostile way of resolving your conflicts. Both the spouses hire lawyers for independent legal consultation and their prime focus is on concluding the matter peacefully and not on creating a bigger rift between the spouses.
  • For mediation-This is a good option only for the low-conflict spouses while the collaborative divorce is apt for every level of conflict. Even though they are both established on total and voluntary disclosure, collaborative divorce is a much safer and peaceful way to deal with the divorce as there are no litigation or court procedures required legally.

When deciding to choose either of the three methods from above, a professional Brampton divorce lawyer should be consulted.

The meaning of collaborative team

The collaborative team includes those professionals, i.e. lawyers or financial specialists, whom you select to deal with your dispute and resolve and conclude the issues. Issues pertaining only to legal disputes can be solved by hiring only an individual or group of lawyers.

For handling emotional, parenting or financial issues, you can hire professionals like a child specialist for taking care of emotional instabilities of your kids while the divorce is happening, a financial specialist for business as well as tax and other financial figures and a psychologist for improving communication and minimizing conflicts.

The most important factor to consider while hiring these collaborative professionals is that they should be neutral and experienced as well.

Collaborative divorce has many features and advantages for both the spouses since it has become a more common way of filing for a divorce. This process is private and the meetings take place in a rotational manner between the offices of the respective lawyers. It also provides the divorce faster and in a more peaceful way.

Your financial stability is also not affected in this process because there is no question of delay in court, so money spent on legal fees is also saved.

The collaborative divorce also fosters mutual respect and cooperation which minimizes the chances of feuds and arguments due to the resolve between the separating spouses in the future.

It is also a great way to protect your business as court dealings can damage the reputation of your business.

Sometimes even a collaborative process has to deal with deadlocks, so having professional help is important for peacefully resolving the issues. Therefore, we provide you with excellent legal advice and make sure that your collaborative divorce is smoothly resolved. For this, we have an outstanding and experienced team of divorce lawyers in Brampton who will minimize the chances of court proceedings and take appropriate legal actions. You can contact us for free consultations regarding your case and we will do our best to help you by dealing with all the concerned legal formalities.

Divorce Lawyers – Why You Require One for Legal Assistance

Many marriages do not seem to work out and filing for a divorce is the best possible decision for both the partners. However, filing for a divorce isn’t exactly the most pleasant or easy experience that you will encounter. It is a complex process, but with cooperation from both the parties involved, it can be made simpler and smoother. There can be a lot of resentment and anger directed towards the other person which needs to be dealt with in a healthy manner and their mutual issues are to be solved before the process of final separation.

The nullification of a marriage is only possible through legal procedures by the court. This means that you will be wise to get in touch with our divorce lawyer in Brampton to deal with your case. However, as we mentioned, this procedure is not a walk in the park. Therefore, a valid order from the court is necessary for making the divorce come into effect.

All marriages in Canada are subject to the Divorce Act, which states that the court can issue a divorce only if it knows that the marriage is completely over. This breakdown will only be valid if the couple in question has been separated for a year at the least. Other scenarios where the divorce would be issued include proof of the other partner committing adultery, or violence by the person filing for the divorce in the first place. It is seen that many couples prefer to follow the 1-year separation rule rather than proving the crimes by their partner such as adultery/violence as it is painful for them to go through that again.

  • What are the legally accepted reasons for filing a divorce?
  • When you and your partner have been living away from each other for a year or more and no longer consider your marriage as valid.
  • When your partner has engaged in acts such as adultery and you have not forgiven them. You have to provide evidence for proving this in court.
  • When your partner has been unleashing violence on you in any form -be it physical or emotional – so much so that living with them is intolerable. For this too, you have to provide evidence to prove your side of the story.
  • How am I supposed to file for a divorce in court?

Before actually going forward with the divorce, it is in your best interest that you seek legal assistance and advice from someone experienced in the field. Our Brampton divorce lawyer will see to it that the case goes through as you wish for it to. As much as you can go ahead without a lawyer, it is recommended that you take the help of one owing to their experience in the field. You will be able to get more insight into and about the process, and are more likely to express your thoughts effectively through our separation lawyer Brampton.

Now to get into the actual divorce process, first, you must fill out an application for divorce, then submit that application at one of the Ontario Courthouses. You are required to pay the court fees necessary. Following this, you have to follow the procedures and abide by the prescribed rules of the court.

  • After the divorce has been issued, what rights are applicable to me?

There are a whole lot of aspects to divorce than are to be seen from the outside. In certain cases, the law requires one of the partners to compensate the other with spousal support. Child support is also a valid requirement wherein the partner among the two who pays is known as the payor. If you feel that you are entitled to child support or spousal support then you can take legal assistance from our Brampton divorce lawyer.

  • What happens to our shared property after divorce?

If you and your ex-partner were married, then you both may have to come up with an agreement to split the payment to the other equally. However, if you were common-law married, then you do not possess this right automatically. Usually, both of you do get to keep in your possession whatever assets are owned in your individual names. However, there can be exceptions.

These are legal matters and pose a challenge for those not familiar with them. Hence, it’s important to get in touch with our divorce lawyers for further information. Do not delay this step and ensure that you get legal advice immediately. Property and asset issues are usually contentious, therefore to avoid conflict or disputes you should get legal advice from a trusted separation lawyer.

  • What factors are taken into account in spousal support?

When your marriage is no longer valid by the order of the court, your relationship is seen as nothing but an economic partnership by the law. Therefore, following a marriage breakdown, of the two persons involved the one who is on the better financial side of the scale has to support the one on the other side. This may be the case, but concurrently, the law also expects adults to be independent, self-sufficient and able to look after themselves. To arrive at the amount of spousal support to be paid by one spouse to another, the law suggests that judges must see that the spouse asking for support receives a sufficient amount to live, but they must also consider the extent to which the other spouse can pay. One of the two spouses can ask for this spousal support to continue to live their lives without facing any financial difficulty and ensure that they become self-sufficient financially.

The factors that are taken into account for spousal support:

  1. The health of both the spouses
  2. The age of the couple
  3. The contribution made for the other spouse’s career
  4. The standard of life of the family before separation
  5. The time that the person asking for support will need to become sufficient
  6. The requirement to stay home and take care of the children/ adult children who are suffering from a disability.
  7. The contribution made for family care during the relationship.

The available employment opportunities

CONCERNS REGARDING LONG-TERM DISABILITY DUE TO CORONAVIRUS SITUATION AROUND THE WORLD

Health experts have declared that once you have been tested positive for the Coronavirus, there could be long term effects from it. According to recent reports, people from Canada have already claimed that the virus has had ill effects on their health, mentally and physically. Also, people with anxiety, stress and similar situations are saying that this situation has made their problems worse. The situation is turning out to be critical now and is also draining the mental stability of some people.

This means that a higher number of people in Canada need disability insurance. Employees are finding it difficult to cope up with the situation. The insurers are giving them a hard time so it is becoming difficult for them to secure an insurance plan. In these times, we don’t have to look after our profits, but many insurers are finding it difficult to subside with this fact. Lawyers have come forth to help people affected by these situations.

CURRENT SITUATION:

The recent Covid-19 research and surveys have concluded that this global pandemic will have a much more drastic effect on the mental health of the people in Canada. The Mental Health Commission of Canada has declared that the total loss in Canada’s economy due to mental illness has already reached 50 billion dollars annually and will rise due to the current pandemic situation. Insurance lawyers dealing with long-term disability rights have studied and said that the number of such affected people would keep rising over the next six months.

Mental health has already been a grave concern to the Canadians and now, the outbreak has sent chills down spines as it has been ensured that the current numbers are sure to rise.

THE CHANGE:

The lockdown throughout the world, from the closing of stores to people sitting at home and praying for their financial situations, has struck a heavy blow. There has been no relaxation on mortgage payments or other such loans, so people are spending all their savings as the world we once knew has changed. Social distancing norms have also disrupted the much-needed peace that people had. Those heroes fighting for us from the hospital staff, the workers and the laboratory staff to the pharmaceutical salesmen and store managers, all have suffered much intense strain on their shoulders, carrying so much responsibility through this pandemic situation.

THE CLAIMS:

Since the outbreak of this pandemic, it is obvious the economic stress is burdening the working class which leads to stress and anxiety issues. These issues will have a heightened effect on people in the near future as the situation will worsen until a permanent cure is developed. The mental state of a person cannot be felt or seen physically, and practically speaking, they don’t have effects that can be judged by our basic senses. It’s all a matter of understanding. If the people responsible for the answers and welfare choose to close their eyes in such a situation, there will be consequences.

Claims have been made that people that have tested positive should be eligible for short-term disability insurance and if they aren’t able to work for a longer time, their status should then fall under long-term disability. Similar action should be taken for the one’s suffering from depression and anxiety depending on the duration for which they can’t work because of their mental trauma.

DUTY:

* It is difficult to comprehend the needs of people suffering with this type of long-term disability. The insurance policies state that the insurer also gets some credit claim for any and every severance the employee receives. In a number of cases, the insurer takes all of the money and the employee is left with nothing. Therefore, to overcome such mistakes, our Brampton long-term disability lawyers have been fully briefed on such matters. Such legal issues require deep and sound knowledge of the insurance policies and the needs and conditions of the employee.

* Sometimes employees unknowingly waive any rights over long- or short-term disability. Our Brampton long-term disability lawyers with their past records have the full understanding of their terms of release and hiring. This experience is a must for a client. Also, if the employee has lost his rights, then our lawyer with full understanding of the employment and insurance laws will be by an employee’s side to help him fight for what he deserves.

* Return-to-work programs are put in motion by the insurers with or without the consent of the employees and this is because an employer often has less knowledge of law and disability laws. In such clauses present, the employee’s long- or short-term disability benefits are completely waived and he/she is left with nothing. Lawyers also need to come to terms with the employer’s obligations since they sometimes exclude an employee’s disability insurance severances and terms. The employee has a legal claim to his benefits and both the employer and the insurer can be put to question if they fail to include such disability claims during employment. These claims have a nice impact on the relationship between an employer, his employee and the insurers. Our Brampton long-term disability lawyers fully understand this relationship and deal with such situations on a frequent basis. * The risk of losing your job and threat to your financial security does indeed cause mental stress and depression. So, you need a hand to guide you through the entire process in these hard times when you have so much already on your plate. Our Brampton long-term disability lawyers will fight tooth and nail to help you get what you deserve and seek. This Covid-19 situation is stressful enough as it is and the legal disability laws are causing heavy blows. Contact us and we will be the shelter you need against these difficult times. Be safe, be smart.

Police Brutality And How You Can Seek Help

The police are deployed to work towards removing injustice and for the enforcement of law and order in the country. They must protect the common people from grave injustices, but often, the police due to corruption, racism or various other factors, end up brutally and cruelly hurting the people. Nowadays, these incidents come to light on social media as people upload videos as well as pictures to the related incident. It then goes viral and spreads to people all around the world who then start a revolution to demand justice for the oppressed people. To receive justice, the victims often file cases against the police. There are excellent personal injury lawyers in Brampton who can help you in receiving pain-free justice.

Why does the police misbehave and break their promise of protection?

To press charges against the police, in case such an incident happens to you, our experienced injury lawyers in Brampton will fight for you in court.

What charges can be pressed if I have been wronged and how to press such charges?

If you have been wronged by the police, then you can press either one of the two kinds of charges available, or take one of the two types of lawful actions that are permitted against the police. These two actions are criminal charges and claims of civil negligence. Criminal charges are pressed when the victim was falsely and brutally arrested by the police. These are infrequent cases and generally, the jury finds proof of civil negligence if not criminal charges. Civil charges help bring reassurance to the injured and family of the injured.

Speaking against police misconduct is a very critical decision and especially in Ontario, a Brampton personal injury lawyer must be consulted to discuss the circumstances and the charges to be pressed against the police officer. There are three directions of solace. First, a claim of human rights can be made. These are very useful for reimbursement against bad conduct, but unfortunately, they only provide light compensation. Second, litigation can be filed citing racism by police or as the motive behind police firings. These are more fruitful and common. Third, OIPRD the agency for local police can be contacted but this agency can be a bit prejudiced in favor of the police and is thus quite ineffective.

How can I prove police misbehaviour?

Police misbehaviour generally involves filing for a negligence claim. In this case, the victim should provide probabilities and proof that the officer named caused the mentioned damages and broke the code of conduct. To file brutal assault charges, the victim should have proof that the said officer used immense force without lawful consent. They also have to prove that the said officer surpassed his level of authority. Police misbehaviour is in a special zone of the constitutional law and the most common dealings include assault, negligence, and misconduct by the police force.

Filing for personal injury claims due to police misbehaviour

When a citizen gets injured because of unrestrained brutality by police or is subjected to false arrests you can file a personal injury claim with the help of a personal injury lawyer in Brampton. These injuries and depletion include overlooked wages, suffering and agony, medical costs, and in extreme cases even death. For compensation, justice and to recover from the loss and injury, the injured person or her/his family may register for civil claims. It is essential to consult and hire a personal injury lawyer early in the case because collecting shreds of evidence in time and from the start are important. Well-established law firms are prepared and equipped to identify the witnesses and file injuries and ascertain the key facts of the case.

Apart from this, if an officer causes a road or motor accident while performing their duties, claims can be filed for negligence. This is taken care of by the insurance companies. There exist special laws for claims regarding negligence by certain government employees. There are a few exceptions to this rule which differ and depend on the circumstances and facts of the case.

In Ontario, you can now also claim for careless investigation if the law enforcement authority did not conduct proper processes while going through with the investigation and if it results in injury of some sort, it could head to civil claims against the accused police officer. Even if you were just a bystander and you get injured due to the negligence of the police, you can take action against them. Thus, you can file a claim against the police for several different kinds of personal injuries if you were a part of any of the circumstances discussed above. 

The police being one of the main branches of administration, filing cases against them requires complex procedures and is quite difficult and challenging. Having to fight or even file for a case for an injured victim or the grieving families alone is not only very difficult, but the chances of getting justice could also decrease due to the lack of experience and lack of evidence. For your legal assistance, you can hire personal injury lawyers Brampton so that your case stands strong and the chances of your claim being rightfully settled are more certain.

Long-term disability claims before and during the COVID-19 pandemic – A complete assistance walkthrough

What is long-term disability insurance? The benefits, gestation period, and everything else you need to know.

Most of you probably know about the benefits, time period, and eligibility for the benefits of long-term disability insurance, but for those of us who are not well-versed in this area, here is a brief discussion. Long-term disability benefits are drafted in such a way that they cover all types of health conditions which may prevent you from performing the day-to-day duties of your job. It not only covers the physical health conditions, but also the mental health conditions as long as your doctor certifies that the symptoms are grave enough to prevent you from doing your job efficiently. Until the age of 65, an employee will obtain long-term disability coverage for 5-10 years, though the duration of coverage depends on the employee’s policy. The coverage typically begins 10-53 weeks after the employee becomes unfit to perform his job. Some examples of illnesses that are covered in long- term disability are cancer, nervous system disorders, and injury from an accident. Pre-existent health conditions, injuries, or illnesses that are found before the long-term disability coverage begins are not covered under it.

What is the procedure for applying for long-term disability claims?

The procedure for applying for long-term disability is quite complex. For the normal procedures for disability claims to take place, one must first apply for short-term disability benefits, as only after this will you be able to apply for long-term claims if your symptoms linger beyond the short-term disability period.

  • The first step is to identify which disability plan you will be eligible for. You may be eligible for more than one disability benefit.
  • The second step involves making sure that the doctor approves of your disability claim. Without this, there is no chance that your application will be approved by the disability benefits program.
  • The third step involves getting things in order with your employer and collecting an application form.  You also have to gather the supporting documents.
  • The fourth and the last step involves waiting for a decision on your claim which either gets approved or denied. Generally, it takes up to 30 days to make a decision.

Will the COVID-19 situation have any impact on my long- term disability claim, and if yes, how?

The COVID-19 pandemic is a historical moment that is shedding its effects all over the globe and in all kinds of industries. The world has come to a partial standstill, which has forced many businesses to shut down. There is a global recession and more and more people are losing their jobs because of the economic and social chaos. This is making the already bad conditions, even worse as the stress of losing their jobs is making people mentally and physically burdened. So, in these tough times, it is essential to know what schemes or measures (including disability benefits) are accessible to you if you become sick during the pandemic. Economic instability and an uncertain future will lead to an increase in the long-term and short-term disability claims.

The pre-COVID-19 statistics were that one in five people in Canada experience mental health illness every year. It is obvious that the mental health issues are only going to increase during this pandemic, thus it is not shocking that around 30 percent of short- and long-term disability claims are associated with mental health illnesses. Even during COVID-19, you would be eligible for advantages if the virus (or problems from the virus) stop you from working for a significant period of time. However, the normal procedure to apply for the long-term disability claim will remain the same as explained above. 

A positive COVID-19 claim will not clash with a pre-existing disability claim. The illness would further worsen your condition by taking a toll on your health and ability to work, both of which would guarantee the continuation of your benefits. As people would spend more time in isolation and socialization would decrease, stress and anxiety levels will also surge, thus increasing mental health illnesses. The sources of the condition do not matter since both mental and physical illnesses are covered under the benefits. If you get infected with COVID-19, that could link with other health conditions in unanticipated ways, and in that case, you would have to consult a doctor. The disease is considerably new; therefore, it would take months or years to fully understand its consequences.

What should I do to demand the benefits of the long- term disability claim if my application has been denied?

Getting a disability claim to be recognized even before the COVID-19 pandemic was a taxing and difficult task; therefore, during this pandemic, it has unmistakably become even more taxing and difficult. It would only add more to your stress and anxiety if you were to legally and single-handedly deal with it. This is where we come in and help you in claiming your benefits as peacefully for you as we can. We will handle all the legal documentations and relieve you of all the burdens. We have had an amazing track record and have been in this business for many years. We have an excellent team of experienced long term disability lawyers who are always motivated to work for the betterment of our clients. Our clients are our priority and we always work towards providing our clients with maximum satisfaction.  Even during these tough times, we are all set and ready to provide you with the benefits that you deserve. We are just a call away and our team of Brampton long term disability lawyers is completely prepared to make these difficult times a bit easier for you by freeing you of the legal burdens. You can feel free to contact us for any queries regarding your case and our experts will provide you with a free consultation.

Why Your Business Endeavors Require A Business Lawyer

There may be times where business owners have to deal with lawsuits, whether on the giving end or the receiving one. This is where a business lawyer comes into the picture. Business owners gain several benefits if they work with a business lawyer at their side. Hiring a business lawyer might just be the best thing that you could gift your business with. Here, we are going to discuss the reasons why you require a business lawyer for your business endeavors.

Why is a business lawyer important for a business?

Many small businesses require business lawyers mainly due to the fact that there are several laws for businesses that are mandatory to follow. Every industry in business has its own particular set of rules and regulations. Since a small business owner may not be aware of all these laws, only a business lawyer can help her/him in the best way to learn about these.  Apart from federal laws, there are laws for one’s city, country, state, etc. that may or may not overlap at some time or the other. This is why a business lawyer is not to be considered as a second option anymore and they have become more important with time.

Additionally, the laws are changed/amended/revoked and they are not constant. They continue to evolve with advances in information, technology, attitudes, human rights, etc. Business owners that are unaware of these laws will find it difficult to run a business without knowing when they may cross a line or two with the present law. The evolution of these laws is done to make way for new requirements and adapt to the constantly changing economy plus the market environment. As a business owner, you are not personally obliged to know about these laws in detail, however you could be held liable for infringements. Not assigning a business lawyer to take care of these things will count as a mistake on your part as a business owner. This also allows you to continue to focus on your part of the job and the business lawyer can focus on theirs, enabling your business to flourish in the long run.

The majority of businesses require strategic decisions when they hire a Brampton business lawyer for assistance in their business. Our business lawyers will drastically improve your understanding of various legal matters and future situations associated with it. There are even such times where the involvement of a business lawyer is necessary to get an issue resolved. Situations could arise when there are legal violations, or the owner is being sued by the employees for any kind of discrimination against them/someone else, or the negotiations following the sale of a business require the help and involvement of a legally experienced person. In times like these, it is advisable to turn to a business lawyer.

In addition to this, the majority of businesses require lawyers to guide them in legal matters which include contracts too. Business transactions usually contain varying levels of negotiation(s), reviews, and preparation of documents. As most business owners are unaware of when and how they should handle these legal aspects, a business lawyer will always come in handy at times like these.

It is in the best interest of a business organization to engage the services of a business lawyer for Brampton to handle matters for them, be it protecting their interests, preventing lawsuits and handling business violations – our business lawyers will handle everything for your company.

What are the Advantages of Having A Business Lawyer?

1. They Help Prevent Lawsuits

Businesses, whether large or small, are prone to lawsuits. To reduce the exposure of your business to lawsuits you can hire an experienced lawyer to deal with these matters on your behalf. They will also prove to be beneficial in getting your business in line with the current state and federal employment laws and regulations. Dealing with a lawsuit by yourself can be a pretty heavy matter of concern, therefore to ease the load on your shoulders all you have to do is get a business lawyer to do the job for you.

2. They Help You to See Things from Different Perspectives

There are several ways to interpret a legal situation, but doing it by yourself may restrict your views and give you only a partial view. However, the perspective of an expert will introduce you to a varied set of ideas. There is a high chance that you could misinterpret things and wound up in a severe situation. To avoid this, business lawyers are at your service. If you are caught up in a dispute or a lawsuit, then it is important to gain knowledge of the all the options you have available. Hiring a business lawyer to do that helps you to see all possibilities and outcomes of the situation. This will help you to see things from a different perspective and then sharpen your approach to the situation, gain new ways of interpreting the situation. Consequently, the outcome of your actions is better due to the explanations of a business lawyer. Since you are being advised to understand each detail you can put your best foot forward to benefit your business.

3. They Can Draft Better Contracts

They can take care of drafting of business contracts for vendors, employees, customers, etc. They can help in reviewing these contracts to make sure that essential elements have been included in the contract. They will also advise you on whether or not a contract is needed for a certain transaction.

4. Protection of your Property Your intellectual property is inclusive of your inventions, business services, trade secrets, logos, or any original work that you hold ownership of. To maintain a competitive edge in business, it is necessary to protect intellectual property. Based on the type of intellectual property you own, you can file for a copyright, patent, or a trademark of your own, with your company name or your own as the owner. You can get this done more easily and correctly if you hire business lawyers in Brampton for the right advice and assistance.

Toronto Car accident lawyers: What are some of the most important questions to ask?

I understand that family members of persons injured in car accidents may also have the right to sue. 

Toronto car accident lawyers know that when people are injured in accidents, they are not the only ones affected. These mishaps leave their physical, financial and emotional impact on family members too. Ontario laws allow them to make claims under categories like loss of care, guidance and companionship, loss of shared family income, loss of household services, death and funeral benefits, reimbursement of counseling fees in case of emotional trauma, etc. If the damages awarded cross $50,000 there are no deductibles. The eligible family members include spouse, children, siblings, grandchildren etc. We can help you put together a robust claim that establishes the real impact of the accident on the family members of the injured person. Many clients are unaware that their family is also entitled to receive compensation separate from their own claims. This and other useful information can be provided when you consult our highly trained and experienced team in Toronto. 

Who are expert witnesses and how do they affect my claim? 

Toronto personal injury lawyers know from experience that to present a strong claim, it has to be backed by reliable and robust evidence. To prove negligence or fault, establish ownership, prove the nature and extent of injuries, the causes of the accident, the impact of these injuries on the victim etc, the evidence is a must. Otherwise, your claim will not stand and insurance companies and at-fault parties can easily dismiss or dispute it. Expert witnesses are hired by both parties to prove their own claims and to counter the other side’s claims. For instance, medical experts can provide assessments, conduct reviews and tests, recommend treatment and therapies, offer their opinions on the nature and extent of injury and its impact, and produce medico-legal reports. Similarly, automobile experts, engineering experts, etc. may be called to give their testimony. These experts are supposed to provide objective, non-partisan and fair opinions. We can help you to contact genuine experts for this purpose. 

The at-fault party’s insurance-carrier has hired a private investigator to follow me. Is this legal? 

Toronto personal injury lawyers know from experience that insurance companies can and do hire private investigators in search of information to contradict the victim’s claim. These private investigators may follow the victim, conduct surveillance 24×7, dig into your background/financial/health status, talk to your neighbors, friends and co-workers, etc. They can also click photographs and shoot video-footage. Today, rich information is available through your online presence on social media. These platforms are regularly browsed through by investigative agencies to get information that they can use. The main aim of such surveillance is to find evidence that can contradict or weaken your claim. There are certain limits that these agencies have to follow under Ontario’s Private Security and Investigative Services Act 2005. They are not allowed to record/photograph people in private homes, tap phones, or harass you, your family and friends. When you suspect surveillance, contact your personal injury lawyers, and don’t panic because you haven’t done anything wrong. 

Can a parent represent their child who was injured in a car accident? 

Toronto car accident lawyers can give you the right advice in this matter. If a minor child is injured in a car accident, due to someone’s fault or negligence, he/she is entitled to get compensation. The parent can take suitable action on behalf of the child after being appointed as the child’s “litigation guardian.” That means the child is held to be under a legal disability unless the claim is for under $500. This enables you to pursue a claim on their behalf exactly as in the case of other compensation claims. In case there is no suitable person, the court can appoint an official guardian or public trustee. If you are a parent acting as your child’s litigation guardian, it’s wise to hire an experienced personal injury lawyer to help you with the entire process, as there are several complex legal, medical and insurance issues involved. Settlement funds are usually held in trust until the child turns 18, with certain exceptions. 

I was being treated for a medical condition before my accident. Can I still claim compensation for injuries? 

Toronto car accident lawyers and Toronto slip and fall injury lawyers often meet clients, who are anxious about their accident injury claims being rejected because they had a pre-existing medical condition. In many cases, the injuries suffered in the accident can aggravate or worsen the condition, leading to more injuries and setbacks. Under Canadian law, the defendant has to take the victim “as he finds him.” Hence, no matter what the prior health status, clients are still entitled to claim compensation for losses and injuries suffered in the accident in question. There are also cases where the victim is particularly weak or sensitive and suffers greater injuries that others typically may have done. This is known as the “thin skull” principle in law and the amount of compensation can vary according to the circumstances in each unique case. We can help you put together a strong claim, to get you the compensation you deserve.

How Motor Vehicle Lawyers Can Help Accident Victims Claim Compensation?

Motor Vehicles and Our Life

Millions of motor vehicles run up and down the highways all the time, taking people and goods from one place to another. Motor vehicles have become such an important part of our life that we often don’t think of the dangers involved in operating them. Most of the fortunate drivers do reach their destinations successfully, but some unfortunate ones meet serious accidents, leaving themselves, their families and co-passengers to suffer injuries that can have some kind of impact on their lives. There are physical, financial and emotional consequences that have to be faced.

There are certain legal options which can provide the light of hope for accident victims, and our Brampton Car Accident Lawyer can help if you, your friends or relatives who have suffered injuries in a car accident.

Common Causes of Motor Vehicle Accidents

Accidents mainly occur because of one or more of the following four factors:

  1. Human Error:
  • Driving carelessly
  • Driving at speeds exceeding the maximum limit
  • Driving while drunk or impaired by drugs
  • Texting while driving
  • Not following traffic signals and signs
  • Aggressive driving
  • Driving on the wrong side
  • Driving overloaded vehicles
  1. Road Defects:
  • Pot holes in the road
  • Slippery road condition because of snow and ice
  • Improper lights
  • No warning signs at steep curves
  1. Vehicle Defects:
  • Brake Failure
  • Headlights failure
  • Tire blow-out
  • Vehicle catching fire
  1. Other Factors:
  • Poor visibility
  • Poor weather conditions
  • Animal crossing

The Aftermath of Automobile Accidents

In case of severe injuries, no amount of money can ever compensate for what a victim goes through. Some of the possible severe injuries are:

  • Death
  • Bone fractures
  • Tearing of Ligaments
  • Burns
  • Chronic pains
  • Paralysis
  • Limb Amputation if the nerve is damaged
  • Internal bleeding
  • Brain trauma

Treatment and rehabilitation expenses can be extremely high in the case of serious injuries. An experienced, qualified, professional Brampton Car accident lawyer can build a strong claim to compensate you for the money spent on treatments and other injuries that you have suffered like income loss, pain and suffering etc.

How Much Can a Victim Claim?

All motorists in Brampton must purchase an insurance policy for their vehicles. Minimum coverage of such policies is third-party liability, compensation for property damage, and no-fault accident benefits. You can also get policies with high income-replacement, maintenance assistance, death benefits and more.

Insurance coverage can be helpful to recover losses caused due to vehicle collision, but many times these compensations are not enough to cover losses due to other people’s negligence. In such cases, our Brampton personal injury lawyer can help the victim to take tort-action against the faulty driver.

Calculating the monetary value of certain losses is easy. Medical bills, wage loss and damage repair bills can be reviewed from the records, but there are some other major losses the value of which are not so easy to find.

Evaluating financial compensation for physical trauma and emotional distress can be done only through deep analysis of professional treatments, impact on the lifestyle of the victim, effect on relationships with other people, mental anxiety etc. Calculating damages of this nature is essential for assessing the right compensation which could be claimed.

A professional lawyer can have discussions with financial experts, doctors, physicians, psychologists and other authorities in order to reach the accurate value of such non-economic harms.

Why You Should Get a Lawyer Quickly

In case of serious accidents, it’s obvious that all the attention should be focused on the physical recovery of the victim(s), but it must be kept in mind that the amount of time available for taking legal options is not unlimited. While negligent motorists have to be notified four months in advance, the lawsuit cannot be filed after two years.

Going to the insurance company and claiming benefits is something which most people do themselves, but insurance agents are not that easy to deal with. At the time of selling policies, they profess that they are going to stand with their clients in every situation, but when the accident occurs, they do every possible thing they can think of to save themselves from paying out money to the victim. Moreover, to prove that the accident happened solely because of other driver’s negligence can be hard if there are no witnesses and corroborative evidence.

Professional lawyers are well versed with the laws and the methodologies of insurance companies, and they can help victim(s) claim their rights. By consulting a Brampton serious injury lawyer before it’s too late, the relatives of the victim(s) (the plaintiffs) can start the process of gathering evidence and assembling other important documents to build a stronger case and increasing their chances of success. A professional lawyer ensures the timely filing of the claim, accurately and at the right jurisdiction, within the prescribed time limits to ensure justice for the victim and full financial recovery.

Car Accident – Lost Job. We Can Help. Brampton car accident lawyers

When car accidents happen, they can result in significant disruption to your life and that of your family’s regardless of the nature and extent of your injuries and losses. However, when there are serious, life-altering injuries, the physical, financial and emotional consequences can be devastating. Whether you are the primary income-earner in the family or you contribute to it, being injured means that you need to take time off from work for treatment and rehabilitation.

Medical treatment, hospitalization, follow-up visits, therapy, etc. result in huge expenditure. Emotionally, this is a very difficult time for the victim and loved ones. The injured person may need care and assistance to perform the tasks of daily living, feeding, toileting, grooming etc. The loss of companionship, guidance, and care, help in making important decisions and lack of emotional support, help with household chores and tasks that were available prior to the accident can impact relationships and emotional well-being.

Claiming Compensation

As experienced Brampton car accident lawyers know, accidents are rarely accidental. They are in a large part caused by someone’s fault or negligence. Those injured in the accident are entitled to claim compensation for their losses.

There are different avenues of compensation available to injured victims. Statutory insurance benefits are available in Ontario to all victims through their own auto insurance policies, regardless of fault. This provides some amount of income replacement, reimbursement of medical and rehabilitation expenses and some other categories, based on the terms of the contract. Another area that can be tapped is to file a personal injury lawsuit against the at-fault driver. You are entitled to seek damages for pecuniary and non-pecuniary losses.

Have You Lost Your Job Because Of Inability To Work?

One of the most distressing aspects of being injured in an accident is the loss of function or working capability. It can put people and families into a serious financial crisis. Income replacement is essential because it helps to restore financial stability. In general, up to 70% of gross income replacement may be awarded and in some cases, this can go up to 100% based on the individual circumstances of each case.

Injured While Driving To/On Work

If the collision happened while you were driving to work, using a company vehicle, or were traveling on work related to the company’s business, other complex issues may arise. These concerns help in establishing the actual liability and responsibility, determining which insurance company should make the settlement payout, exploring other avenues and special benefits including workers’ compensation etc.

This is where an experienced, knowledgeable Brampton personal injury lawyer can give you the right advice and assistance.

Most people are unaware of the various options available to them. They may also not know how the specific laws in Ontario are applicable in their cases. Employers can be held liable if the collision occurred within the scope of your employment terms, the accident happened when you were on company work, and the company would have benefited from the work that you were on. In such cases, the company’s insurance coverage will apply as third-party damages. This also applies to drivers and passengers in the at-fault vehicle, pedestrians, passengers in the company’s vehicles etc. However, if you were on a personal errand or business at the time of the accident, or were committing a crime at the time, like drunken driving or running a red light, the liability remains with you.

In addition to employer’s compensation, you are also entitled to file a personal injury suit against the at-fault driver. Since employer’s compensation generally covers only a part of the lost wages and does not compensate you for pain and suffering, this additional suit can help you to make up the shortfall. 

How Is Income Loss Calculated?

Under Ontario laws, the injured person is not eligible to receive any compensation for the first seven days following an automobile accident. This clause does not apply for injuries sustained in other types of accidents. Statutory accident benefits coverage is available up to a maximum of $400 per week, but if there is a difference between this amount and what you normally earn, you have to claim this from the at-fault party. Generally, income loss is calculated by examining your previous paychecks, tax returns, bank statements and any other documents that can prove how much you were earning.

Income replacement also depends on the nature and extent of an injury and your age at the time of the accident. If you are completely disabled, you may receive more compensation, again based on your age, possible career path, pay hikes you may have received, and also your ability to take up an alternate career at a later stage.

These benefits are not for life and you have to ensure that a suitable life-plan is created and documented so that your future is taken care of.

Brampton car accident lawyers: Defensive Driving Tactics to Avoid Car Accidents

Car accidents generally happen due to the fault or negligence of others as well as our own like a distraction, faulty driving or anxiety. There can be a number of factors that could lead to accidents. What is required on the part of every vehicle driver is to ensure a safe ride, comfort and reaching the destination in time?

Reliable, reputed legal firms can help injured victims to file compensation claims and provide certain ways in which accidents can be avoided. We at Singh Barristers provide a wide and comprehensive range of solutions to the problems that face clients in daily life. Here the focus is on discovering the ways through which a car accident can be avoided.

  1. Awareness

Staying alert is the key aspect of driving on the road. This means looking in the rear view from time to time to ensure that a check is kept on the vehicles behind while ensuring that your eye is kept constantly on the road in front. Anticipate traffic jams with help from local radio stations, look for signboards and traffic signals. Stay focused on the task.

  1. Drive Responsibly

Driving responsibly means following the regulations. A valid and appropriate driver’s license is a basic requirement. Traffic laws in Brampton are very strict. Safe driving demands that there are checks on speed and discipline. Speed-breakers help to regulate speed, indicators signal that you are turning or changing lanes, red lights regulate the flow, yielding to other motorists, and keeping an appropriate distance from other vehicles ensures that there is no collision.

Maintenance of the vehicle is another thing that needs to be ensured. Keeping vehicles in good condition ensures that pollution is reduced and makes ensures smooth operation of the vehicle.

  1. Alertness, Judgment and Reaction Time

Train yourself to have an attentive and reactive mind. This helps drivers to react prudently in situations that are not favorable, and your ability to react instantly helps you to act fast and look for a solution.

Anticipating problems helps you to think of escaping situations in every situation and go a long way in avoiding accidents. Our highly trained, experienced and skilled Brampton personal injury lawyer would always have your back in claiming compensation when you suffer injuries due to someone else’s fault or negligence.

  1. It is not always you

Even when you are driving safe and following all the rules, accidents can and do happen. Most of these are avoidable and preventable. They are caused by someone’s fault or negligence.  Unfortunately, the consequences of such accidents have to be borne by the injured victims and their families. They go through enormous physical, financial and emotional trauma. If you or a loved one has been seriously injured, our catastrophic injury lawyer in Brampton can take care of you.

  1. Use safety equipment

Today’s sophisticated automobile technology ensures that safety equipment is integrated in the vehicle. Seat belts, air bags, crash guards, sensors, etc help to protect you under adverse conditions. Ensure that children riding in the care are made to sit properly in the back seat and your speed is accordingly managed.  A centralized locking system and good child locks should be installed in the car to prevent children from accidentally opening the doors while driving.

  1. Never drive when you are drunk, drug-impaired or taking certain prescription medications

Drinking and driving is a criminal offense under Brampton laws and severe penalties are imposed for such behavior. If you do consume alcohol, it’s wiser to have someone else drive for you. This ensures that you and your co-passengers remain safe and it also protects other road users. Brampton serious injury lawyers can help you if you are the victim of a drunk or impaired driver, or a passenger in a car accident where the driver was drunk/impaired.

  1. Maintain distance from other motorists

There are certain driving conventions that should be learned by all drivers. Two-wheelers should be given enough space. Some motorists may behave in ways that are quite quirky and adventurous, causing trouble for other road users. Maintain appropriate distance from other motorists so that there is enough room to maneuver for all.

  1. Avoid distractions

Ensure that there are no distractions while you are driving. Do not use mobile phones while driving. Using your cell phone to text, answer mails, for social media posting, checking directions and also make calls is the number one cause of road accidents. Music at high volume can suppress outside noises that could alert you to problems. Bus drivers should avoid talking to passengers. Fatigue and drowsiness while driving can also cause accidents.

Brampton car accident lawyers are ready to serve you, but it is well said that prevention is better than, that’s why it is important to avoid an accident in the first place. In case you are injured, Brampton free consultation is provided by Singh Barristers.

Brampton Motor Vehicle Accident Lawyer: How Brampton Motor Vehicle Accident Lawyers Can Help You With Your Claim?

Motor Vehicle accidents can have a devastating effect on not just those directly involved, but also their families. No matter what the nature and extent of the injuries and damage, victims may have to spend a lot of time undergoing treatment, take time out from work, follow up on the paperwork and ensure that their rights and entitlements are protected. Brampton Motor Vehicle accident lawyers can provide the right advice and assistance in such cases.

Do You Really Need A Lawyer?

This is a question that almost every client faces at some point following an injury. While it’s true that legally speaking, you are free to represent yourself in negotiations and in court, there are several real benefits that an experienced Brampton personal injury lawyer can provide.

Personal injury claims hinge on proving negligence or fault of the other party. When you’re injured and probably hospitalized or undergoing treatment, it’s certainly impossible to deal with the complex legal, medical and insurance matters involved.

Let’s look at some of the advantages of entrusting the case to a Car Accident Lawyer Brampton:

Information: Most people are unaware of their rights and entitlements. They may not know exactly what claims they can make. Most victims understand that they can be compensated for medical expenses and loss of income, but they may be unaware of claims like statutory accident benefits, loss of guidance and companionship, emotional distress, pain and suffering, etc or that their family-members can also make claims. We provide detailed information on all the options available to you in our first, free, no-obligations consultation.

Paperwork: The process of filing claims is highly complicated, with several deadlines that have to be met. Car accident claims must  be filed within the prescribed time-limit and in the correct format. Demand letters and notifications accompanied by the correct documentation have to be sent to ensure that your claim is not rejected.

Investigation and Gathering Evidence: Personal injury lawyers and law-firms have the resources to conduct independent investigations. We can get the services of experts to provide reports to back your claim. Crash-specialists, medical experts, automotive engineers, witnesses, your employers, etc can be assigned the task of providing the necessary proof of your Brampton Car Accident Claims. This can be accompanied by documents, photographs, CCTV footage etc. We can also access police and traffic records to shore up your claim if the other party was drunk, speeding, distracted etc.

Negotiation: It is a fact that more than 95% of personal injury claims are settled outside the courtroom. This is done through negotiations and presentation of evidence and counter-evidence from both sides. Insurance-companies are for-profit organizations whose job is to protect their own business interests. That’s why they may use various tactics to delay/deny/dismiss/dispute your claim. Our experienced Brampton Lawyer 24/7 can help you to defend yourself against such activities. Often, insurance claims adjusters may offer a swift, but low-value compensation, assuring you that this is all you will get. However, hiring an experienced lawyer gives them the idea that you are serious about your claim and know your own rights and entitlements.

Procedures: Most people get their ideas about law and lawyers from the media. What’s shown on TV and film is certainly not the whole story. In reality, getting the compensation you deserve is a process that needs patience, experience, an eye for detail and expertise in the law. Negotiation skills are at the forefront of successful claims. We can review your insurance-contract and get the maximum possible settlement under the terms of your policy. We can also prevent any violation of your rights and help you to protect yourself against saying or doing anything to jeopardize your own claim. In some cases, the at-fault party may refuse to respond to your claim. We can help you prepare the pleadings, complaint letter etc which has to be responded to within a certain time limit. The process of discovery is another area where our skills can benefit you. Here we can ask for information about the at-fault party and also depose their witnesses.

Trial: Though a majority of cases are settled without going to trial, in rare circumstances, your case may have to be tried in court. That is why it is important to hire a Brampton Injury Lawyer Near Brampton Civic Hospital right from the early stages of the claim. This gives them the leverage and the familiarity with the case to put their best in court. Our Brampton Motor Vehicle accident lawyers can represent you in both negotiations and in court. Some clients want to “have their day in court,” especially if the case is tied up with strong emotions or they feel that the at-fault party needs to be publicly dealt with. In all these cases, we are prepared to advocate for you with all the experience and expertise that is at our command.

Brampton car accident lawyer: What to Do If You Are Involved in a Car Accident

Being involved in a motor-vehicle collision could be one of the most stressful experiences that anyone could go through. If you or a dear one has been injured, the situation becomes more complicated. Brampton car accident lawyers understand the trauma and confusion that accompany such incidents.

While most of assume that accidents are just that – accidents – in reality, they’re rarely accidental. A great majority of them are caused by someone’s fault or negligence. The injured persons and families suffer enormous physical, financial and emotional consequences that seriously impact their personal and professional lives. They are entitled to seek compensation for these injuries, which is usually paid out by insurance companies who cover such losses.

Typical Causes of Motor-Vehicle Collisions

The best of drivers can get into accidents and no matter how careful and conscientious about following rules you are, others may not be so. Car accidents usually happen due to:

  • Alcohol or drug impaired driving
  • Speeding
  • Distracted driving
  • Reckless behavior
  • Street racing
  • Aggressive driver, road rage
  • Failure to obey or notice traffic signals and signs
  • Poor weather conditions
  • Poor visibility
  • Night driving, sleepiness and fatigue
  • Improper turns, unsafe lane-changes and wrong-way driving
  • Tailgating
  • Aged or inexperienced driver
  • Unfamiliar roads
  • Badly-maintained or rural roads
  • Animal crossing
  • Construction site or debris falling from trucks
  • Vehicle defect or tire blowout

Keeping these aspects in mind, it’s possible that you were a victim of one of these driver errors. Whatever the reason, it results in a disruption and disturbance in your life. The reason why compensation should be sought and given is to restore your life (as much as possible) to what it was prior to the accident. 

Steps To Take 

There are several important aspects to be considered when you suffer injuries in a car accident. The first priority should be to get medical assistance if there are injuries. Following this, you need to protect your rights and entitlements so that you can get the compensation you deserve.

Achieving a successful settlement is a complex process that involves a number of medical, legal and insurance factors. Most of us believe that insurance companies that make the payout have our best interests at heart and will provide the due compensation once you make the claim. The fact is that insurance-carriers (including our own) are for-profit entities that need to keep their focus exclusively on their own business interests. That is why they may use various tactics to avoid payment, delay/dispute/deny/dismiss your claim citing various technical reasons.

An experienced, knowledgeable and compassionate Brampton personal injury lawyer can help you with your claim. However, there are some important steps to take as soon as the accident occurs.

  • Never leave the accident scene, even if the damage and injuries seem minor. You could face criminal prosecution.
  • Report the accident: Ontario has a Collision Reporting Center system where you can report accidents in which the total damage is less than $2000. Here, a police report is filed, along with collecting photographic evidence of the damage. If the damage is more than $2000 and/or you suspect evidence of a criminal offense (drunk driving etc.) you must inform the police.
  • Never get into discussions, arguments or confrontation with the at-fault driver.
  • Avoid on the spot, private settlement with the at-fault driver.
  • Instead, take a practical approach. Exchange information regarding make and model of vehicle, name, address and telephone numbers of drivers and passengers. Get details about insurance from the insurance papers and provide your own insurance details. Get the names, addresses and phone numbers of witnesses if any. Make a note of any CCTV cameras in the vicinity.
  • Prevent other mishaps by setting up warning signs, keeping your hazard lights on, etc.
  • Take steps to gather/protect the evidence. If you’re not injured, take photos of the scene, location and landmarks, with time and date stamps.
  • Make a note of what exactly happened and when the police arrive, ensure that you give a factual description. Avoid speculation, exaggeration, false statements, guessing, blame and assigning fault even to yourself. Ensure that statements given by the at-fault party are factual. If you find contradictions, make a note of these and give it to your lawyer.
  • If no injuries are apparent and you are asked whether you’re injured, it’s wiser to say that you’re unsure and that you need to consult a doctor before you can answer.
  • Inform your insurance company about the accident as soon as possible, because many policies have clauses that require immediate information.
  • However, remember that your insurance company is also required to pay out statutory accident benefits and they may not cooperate fully with you. That is why you need a Brampton personal injury lawyer to assist you.

Contact a Brampton car accident lawyer immediately.

Brampton Personal Injury Lawyer: Most Common Injuries Sustained In Winter 2018-2019 Auto Accidents

What To Do Right Away? 

Statistics show that nearly 30% of automobile accidents in Canada happen during the winter season. Snowy and icy conditions prevail in Ontario, from December through to March, with January being the coldest. Often, heavy snowfall, icy rains, sleet and winds add to the harsh conditions. Together with poor visibility and difficult driving conditions, all these elements together make the risks of winter driving that much higher.

Though Ontarians are experienced winter drivers, accidents can and do happen. Many of these are avoidable and preventable. They may be caused by someone’s fault or negligence. If you or a dear one has been injured in a winter automobile accident, ensure that you get immediate medical attention. Following this, get in touch with a lawyer near you as soon as possible. You may be entitled to compensation.

Why do Winter Accidents happen?

Weather conditions can challenge even the most experienced drivers. Multi-vehicle pile-ups are common during this season and they bring their own set of hazards. Inexperienced drivers and tourists may not prepare adequately for winter conditions or maintain the right precautions. Some of the typical reasons for these accidents include:

Speeding: Though it seems a no-brainer that you need to drive slower and more cautiously in winter conditions, speeding is one of the most common reasons for accidents. “Lead-foot driving” or failing to compensate for changing terrain or weather conditions causes a majority of winter collisions. Night driving, rural roads and unfamiliar routes contribute too.

Uncleared Windows/Windshield: Clearing the ice/snow from all the windows increases your visibility all around. Many drivers clear their windshield and rear windows but fail to clean up all the windows, reducing their peripheral vision.

Bad Planning: Whether it’s a daily commute to the office or a holiday trip, planning is a key element in safety. Drivers need to keep a margin of spare time to compensate for unexpected weather conditions, traffic blocks etc. As a result of stress and anxiety, you could be tempted to take risks and indulge in risky driving behaviors.

Poor Winter Driving Habits: Following too close, failing to take precautions on slippery roads, not understanding the problems of braking on icy roads, over-acceleration, stopping unexpectedly in a lane, etc are reasons for collisions. In winter driving, pumping the brake slowly is better than jamming them on suddenly. If you have an anti-lock braking system, you need to understand its features well before taking your car out in hazardous conditions.

Failure to check weather conditions: You’re the best judge of whether you really need to take your vehicle out or not. Often, it’s less stressful to take public transport. Otherwise, it’s essential to check weather conditions on your local news feed before you start.

These are some of the usual reasons for winter driving accidents. If you suffer injuries in such an accident, get help from an injury lawyer to claim your insurance. 

Typical Injuries

 Winter automobile accidents result in a variety of injuries, ranging from simple cuts, bruises, sprains and lacerations to serious, life-threatening or life-altering injuries. Injuries are based on the nature, severity, the amount of safety restraints used and type of crash.

  • Head-on collisions cause head, upper body and facial injuries. Neck injuries and whiplash are also seen. Chest and abdominal injuries and knee/leg/foot injuries  due to impact are common.
  • Rear-ender injuries are usually in the head/neck region. Drivers may suffer chest/abdominal injuries due to impact from the steering-wheel, while passengers may suffer facial/foot/leg injuries too.
  • In T-bone collisions, the persons sitting on the side of the crash can suffer severe fractures of shoulder, pelvis, legs. They may also have internal bleeding and organ injuries, along with head injuries.
  • Other collisions like rollover are the most serious, where death or catastrophic injuries may occur.
  • Side-swipe collisions are the least likely to cause serious injuries.

What To Do?

  • Ensure that you stay calm and turn on your hazard lights if they’re working
  • Control your emotions and don’t confront the at-fault driver or jump out of your own vehicle to assist immediately
  • Call emergency traffic authorities and medical services
  • Never leave the site of the accident
  • Whatever the type of injury, it’s essential to get immediate medical attention. Never move injured people without expert medical supervision. If the vehicle is in an unstable condition it can increase the risks manifold. It is important to use the right safety equipment and move the injured person only by those with medical training and experience
  • Take photos of the location, landmarks, position of vehicles, damage, injuries etc
  • If possible, move your car to the side of the road
  • Otherwise, stay inside your car so that you avoid exposure to the cold
  • If your engine is not damaged, turn on the heater, keeping windows slightly open
  • Exchange details with the other driver regarding vehicle number, insurance and personal contact information
  • Avoid talking to insurance company representatives, even your own, without advice from your trusted lawyer in Toronto or your trusted lawyer in Brampton

When And Why You Need An Injury Lawyer?

Most people fail to realize that insurance-companies are focused on protecting their own business interests. They may not always act in good faith when you make an accident injury claim. Instead, they could deny/delay/dispute/dismiss your claim on a number of technical grounds.

One of the first questions you should ask if you’ve suffered injuries in a motor-vehicle accident is “How to find the best lawyer in Toronto?” or “How to find the best lawyer in Brampton?”

We are available 24×7 and can handle all the complex medical, legal and insurance issues, paperwork and procedures related to your claim, ensure you meet filing deadlines and present a robust claim backed by the right evidence and documentation.

The Most Rated Injury Lawyer in 2018 – We’re there for you!

How Do I Make An Accident Claim For Benefits Following Injuries In A Car Accident?

Brampton car accident lawyers can understand the chaos and confusion that usually follow in the wake of an automobile accident, whether major or minor. If people have been injured, the issues get even more complicated. In such a scenario, it’s entirely possible that those involved focus on the immediate situation – getting emergency medical treatment, notifying the police and traffic authorities, ensuring that people are safe etc.

Unfortunately, this is also a crucial period in terms of the legal and insurance issues connected with making a claim for compensation for losses sustained due to injuries or property damage. Under Ontario laws, anyone who is hurt in automobile accidents is entitled to claim statutory benefits from their own insurance carriers, regardless of fault. In addition, they are also entitled to file a personal injury suit against the party who is responsible for causing the accident.

It’s wise to get help from an experienced Brampton personal injury lawyer to advise and assist you through this process. We protect your rights, deal with insurance companies, ensure that your claims are filed accurately, in time and at the right venue and support you and your family till you receive a satisfactory settlement.

Step By Step Claim Filing Process

It’s important to understand the complex nature of the process, the legal and insurance aspects, rules and regulations and the procedures involved in filing a compensation claim. Claims are often rejected or delayed for a variety of procedural and technical reasons. We make sure that you get it right the very first time.

Contact an experienced personal injury lawyer from Singh Barristers who has dealt with similar claims. This can steer you in the right direction right from the start.

Let’s look at the process in a step by step manner:

The Financial Services Commission of Ontario’s website provides detailed information on what should be done following a car accident.

You can also contact your personal injury lawyer who can advise you on the way forward. The police or traffic authorities have to be informed immediately and you should call an ambulance or emergency services if someone has been injured.

  1. Inform your insurance company, agent or broker immediately. This should be done within seven days of the accident, otherwise your claim will not be honored, no matter how badly you’re injured, or what losses you’ve suffered. When you call to inform them, make sure you provide as many details as you can, regarding the at-fault party’s vehicle, ownership, insurance company etc. Provide details about the accident regarding time, place, date, the extent of injuries, damage to the vehicle, name/badge number of the police officer/s who responded. Provide a brief, factual description of the accident without giving opinions, assigning blame or indulging in speculation. Inform the insurer that you intend to make a claim.
  1. Read your own insurance policy and ensure that you are familiar with all the terms and conditions. This is important because you will be filing a claim for statutory accident benefits, available in Ontario regardless of fault.
  1. Request an Application form for Accident Benefits. Don’t assume that your insurance company will send it to you automatically.
  1. Fill up the form: It may include portions to be completed by your employer for information about your work and income and another form to be completed by the medical professionals involved in your treatment. Self-employed persons have to provide tax returns, etc. as proof of income. There may be other forms to fill up which describe the category of benefits that you want to get. You can seek the help of our legal team of experienced personal injury lawyers while filling up the forms, since any mistake can be detrimental to the success of your claim. The set of forms also includes a Permission to Disclose Health Information Form and a Treatment Confirmation Form. All these must be duly completed and returned within the specified time.
  1. You may be contacted by the claims adjuster assigned to your file. They may ask you questions over the telephone or request a personal meeting. Speak to your personal injury lawyer before such a conversation or meeting and ensure that you don’t make any inadvertent statements that could jeopardize your claim.
  1. Insurers may require you to undergo medical assessments. These are conducted by doctors and medical professionals of their choice. Make sure that you cooperate fully in these evaluations.
  1. Compensation is sought for income replacement or non-earner benefits, caregiver benefits if applicable, attendant care, medical and rehabilitation expenses, other out of pocket expenses like travel, visitors, housekeeping, household maintenance, educational expenses, etc based on the terms and conditions as applicable in your insurance policy and/or that of the at-fault party. If death occurs, the family is entitled to claim compensation for funeral expenses and death.

Once the application is completed and submitted, you need to wait for the response. Meanwhile, avoid social media posting or talking about the claim to anyone other than your lawyers.

FAQ: What Questions Should I Ask My Brampton Personal Injury Lawyer?

When you have been injured in a car accident or a slip and fall accident, you may find that you face a financial and emotional crisis apart from the physical injuries that you have suffered. Serious injuries may require hospitalization, a series of operations and clinical treatments, different follow-up treatments and medication, physiotherapy, psychological counseling etc. All these are expensive and you may not have the financial resources to sustain them, especially since you’re unable to work. Being unemployed also means loss of family income, whole or contributory. These aspects can have a devastating impact on yourself and your family.

Under the law, accident victims are entitled to seek compensation and benefits available to them. You need help with your motor vehicle accident claim to ensure that your rights and entitlements are protected and that you get the best possible settlement to take care of your present and future needs. If you’ve suffered long-term or permanent disability, you need lifetime support and care. These are aspects that an experienced Brampton car accident lawyer or a Brampton slip and fall accident injury lawyer can help you with.

We Address Your Concerns And Answer Your Queries

Before you start the claims process, there may be several doubts in your mind. Brampton personal injury lawyers provide an initial, free, no-obligations consultation. This two-way interaction helps us to understand your circumstances, the nature and extent of your injuries and their impact on your life, the potential value of your claim and what strategies we can adopt for success. It helps clients by setting their minds at rest that we can provide them with the best advice, assistance and advocacy, protect their interests and safeguard their rights.

Let’s look at typical queries that clients may have:

Q: Do I have a valid claim?

A: Each case is unique. We base our assessment on the facts and circumstances of your individual case. Personal injury claims are hinged on:

  • proving fault or negligence of the at-fault party
  • evidence of injuries sustained in accidents caused by the negligence
  • losses caused by the injuries

We provide you with a genuine, swift and comprehensive assessment that allows you to decide what steps you need to take next.

Q: Do you have experience in handling such claims?

A: Like other professions, the law also has areas of specialization. Personal injury is a branch of civil law that deals with disputes and settlements. In this sector too, lawyers and law-firms tend to gain experience and expertise in certain areas like motor-vehicle accidents, slip and fall accidents, defective product, dog bite, long term disability claims, medical malpractice, wrongful death etc. Based on the circumstances of your case, you need to ask your personal injury lawyer about their experience, knowledge and expertise in handling cases similar to yours. You also need to know what our previous record in such cases has been.

Q: What are my chances of a successful outcome? How much will I get?

A: While it’s impossible to accurately predict success or the exact figure that will be settled on, from our experience with previous cases, we can offer an educated guesstimate. Ultimately, the success of a claim depends on the strength of evidence that’s presented. We can conduct independent investigations to help gather proof to back a robust claim. This includes accessing police and medical records, assembling testimony from experts and eyewitnesses, ensuring that all documentation is in order, making sure that paperwork is filed accurately and within the prescribed deadlines, protecting your rights and safeguarding your interests.

Q: Who will handle my claim?

A: This is a very important question. Many firms conduct initial meetings and consultations with senior partners. Later, your claim may be handed over to a junior lawyer or less experienced associates. Ensure that you get clarity on the lawyers who will handle your claim. We ensure that our experienced, knowledgeable lawyers handle your case. Establish a firm line of communication with them and insist on regular updates. This helps you to stay involved and informed and gives you a better chance of staying in control.

Q: How much will the entire process cost?

A: Most people are reluctant to get involved in the legal process because they think it’s going to be horrendously expensive, lengthy and unpredictable. Personal injury lawyers and law-firms take up cases on a contingency fee, No Win No Fee arrangement. This means that clients don’t pay any fees upfront. Unless your claim is successful, we don’t charge any fees and only bill you for expenses. Besides this, we can also help to fund your medical expenses and take soft loans to help meet household and caregiver expenses. When your claim is satisfactorily settled, these amounts can be adjusted against the final figure.

We advise clients to make a note of all the questions they have in mind before they meet us for a consultation to help them get clarity on all important aspects.

Personal Injury Lawyer in Brampton: 5 Most Important Questions I need to ask a Brampton Personal Injury Lawyer

  1. I was injured in a slip and fall accident. Do I really need a lawyer to claim compensation? 

Brampton slip and fall accident injury lawyer can understand that injured victims and their families have doubts and concerns about hiring a lawyer under these circumstances. Most people are reluctant to get involved in the legal process as they fear it is lengthy, uncertain and expensive. These fears are not unfounded, as trials and court procedures can be so. However, nearly 95% of compensation claims are settled outside the court through negotiations. Insurance companies that represent at-fault parties can afford to hire top lawyers and medical experts who can help to deny/dispute/dismiss your claim. Claims-adjusters bring their experience to bear on reducing or challenging your claim. Studies show that if you’re represented by a reputed lawyer, you’re three times more likely to get a better settlement. We also ensure that paperwork and procedures are filed/followed correctly and within time-limits, and also protect your rights. This enables you and your family to focus on your health and recovery. 

  1. Please give me some tips on what to do after a car accident. 

Brampton car accident lawyers know that after a motor-vehicle accident, apart from the pain from injuries, people experience severe psychological stress and shock. However, this is a crucial period where the medical, legal and insurance issues are concerned. Stay calm and take the right steps. Never leave the accident scene. Stay in your vehicle and assess whether you or others in your vehicle have been injured and call for emergency medical services immediately. Call the police/traffic authorities if someone is injured. In Ontario, if there are no injuries and the damage totals to below $2000, you can report the accident to the nearest Collision Reporting Center. But reporting is essential. Get details of the traffic-authorities who arrive. Never confront the other driver, speculate, apologize or discuss. Exchange contact information and also details about the license, insurance etc. Notify your insurance-carrier and visit a doctor no matter how minor the injury. Contact an experienced personal injury lawyer without delay. 

  1. What are the most common reasons for slip and fall accidents? 

Brampton slip and fall accident lawyers know from studies that slip and fall accidents in Canada account for nearly 41% of preventable and avoidable accidents. Brampton has faced a steadily increasing number of claims against the city, private home-owners, snow maintenance contractors etc every winter. However, these accidents can happen during any season. Common factors responsible include wet/slippery floors, uneven floors, poorly-designed/maintained stairs, liquid spills, loose/frayed/torn carpets and unanchored rugs, lack of warning-signs, hand-rails, poor lighting, unmarked elevation changes etc. Debris, clutter, and objects left in the path can cause people to trip and fall. Injuries from such accidents can range from minor cuts/sprains/bruises to serious and life-threatening injuries. Such accidents are usually caused by the negligence/fault of the premises owner or those in control of it. Consult a doctor immediately, no matter how minor your injuries. We can help you get the compensation you deserve from those responsible for the accident. 

  1. I was injured in an accident involving the Uber cab that I was riding in. Can I claim compensation? 

Brampton car accident lawyers can give you the right advice and assistance if you or a dear one has been injured in a motor vehicle accident. Today, a large percentage of the population in many countries uses ride sharing options like Uber and Lyft because of their convenience and cost-effectiveness. There were many gray areas regarding ride-sharing insurance coverage in the initial stages when these options were launched. However, today, there is more clarity and your experienced personal injury lawyers can help you get the compensation you deserve. You are entitled to receive statutory benefits from your own insurance carrier and can also file a suit against the at-fault party. Coverage may be complicated if the driver was using multiple ride-sharing apps at the time of the accident. In general, the first insurer who gets the notice of claim is responsible for making a settlement payout and there may be shared liability too. 

  1. How much compensation will I get? 

Brampton personal injury lawyers are often asked this question by clients. While it is difficult to give you an exact number, from our experience, we can predict a range within which your settlement may fall. This and other questions can be answered in the initial, free, no-obligation consultation that we offer. Our highly experienced team gets the opportunity to review all the details of your particular case and understand the nature and extent of your injuries and losses. Each case is unique, just like every client is. Once we understand the circumstances, we can provide a genuine assessment. This interaction also provides you with the opportunity to clear all your doubts and have your queries answered. A majority of claims are settled outside the court system, through negotiations. We help you put together a robust claim, backed by evidence, testimony, and documentation. We can provide you with a rough estimate and then we leave it to you to decide.

Brampton Slip and Fall Lawyer: Slip And Fall Accidents: Common Injuries and How To Prevent Them in 2019

Whatever the season, slip and fall or trip and fall accidents can and do happen out of the blue. However, the onset of winter does increase the risks, especially for older people. Though these accidents happen in a split second, the after-effects can last for a very long time. Sometimes, they change the life of the injured persons and their families forever.

Victims who have been seriously injured in such accidents face enormous physical, financial and emotional trauma. They may be unable to work for a long time or even permanently. This leads to loss of income and regular wages. The financial crunch affects the entire household who may be dependent either completely or partially on the victim. Medical treatment and rehabilitation costs can become overwhelming, while the psychological aspects of serious injuries can range from depression to panic-attacks, suicidal tendencies, dependence on alcohol or drugs etc. Pain and suffering become an intrinsic part of the injured person’s life.

To compensate for these injuries, victims are entitled to seek a just and satisfactory monetary compensation from those whose fault or negligence caused the accident. If you or a dear one has been injured, contact your trusted lawyer in Brampton or your trusted lawyer in Toronto. We can help you get the compensation you deserve.

Consult A Physician Immediately 

Most people feel embarrassed when they slip or trip and fall. They want to quickly get up and leave the place, hoping no one has seen them fall. They also assume that their injuries are minor and are in a hurry to forget about the incident.

However, many injuries that appear insignificant initially can turn out to be serious much later. Elders and pregnant women are particularly vulnerable. It’s important to consult a qualified physician immediately no matter how minor you feel your injuries are. This is important from a medico-legal point of view.

Why Such Accidents Occur

Though these are termed “accidents” the truth is that they’re rarely “accidental.” Most of them are caused due to someone’s fault or negligence. Typical reasons include:

  • Slippery surfaces
  • Broken, damaged tiling
  • Loose or unanchored carpets/rugs
  • Torn carpeting
  • Freshly-washed/mopped flooring
  • Unmarked elevation changes
  • Liquid spills
  • Gaps/Cracks in the flooring
  • Missing fences, handrails
  • Broken or damaged stairs
  • Uneven steps
  • Poor lighting
  • Debris or clutter
  • Failure to clear ice, snow or fallen leaves
  • Water pooled under air-conditioning units
  • Failure to provide warning signs
  • Uneven surface in parking areas
  • Bright lights causing glare on shiny floors
  • Open drawers or cabinet doors

What The Law Says

Under Ontario’s Occupiers’ Liability Act, all property owners have a duty of care and responsibility to ensure that their properties, and areas in it such as stairs, driveways, etc are kept in a reasonably safe condition for all those who visit them for a legitimate purpose. This includes both private and municipal properties, public places, rural and urban areas, etc.

Essentially, this means that the property owner or those who have been authorized to maintain the property should ensure that they conduct regular inspections, prompt repairs and provide sufficient warning to unwary visitors.

The questions that determine property owner liability include:

  • The property owner should have foreseen the danger
  • Their conduct should have been reasonable in ensuring safety
  • If the danger existed for some time, did they know about it?
  • What steps could have been taken to prevent accidents?

How To Prevent

Property owners can prevent slip/trip and fall accidents by taking a few simple precautions, staying alert and reacting promptly. Good housekeeping practices like mopping up spills, putting down signage to mark wet/uneven floors, keeping aisles and driveways free from debris/clutter, displaying signs to warn people of uneven floors and elevation changes, ensuring bright lighting in parking lots and staircases, repairing broken/damaged tiles, replacing old flooring, etc.

The public can also be careful about wearing the right footwear, paying attention while walking, avoid distractions like listening to the radio or texting, being aware of the kind of floor, using a flashlight if it’s a dark area, taking more care while carrying or pushing things, etc.

When And Why You Need An Injury Lawyer?

When victims seek compensation for their injuries, the insurance company representing the property owner has to make the pay-outs. They may use several tactics to avoid making the payment being for-profit organizations. Typically, they may question the nature and extent of injuries, their impact on your life, whether you were in some way negligent or careless yourself and contributed to the accident. They may also delay or deny your claim on technical grounds.

Get the help of an injury lawyer to claim insurance. We can help you to understand your rights and entitlements in such cases and also safeguard your interests. These claims can be a complex mass of legal, medical and insurance issues.

As the Most Rated Lawyer in 2018 we have the experience, knowledge and expertise to deal with a variety of such claims. Though every case is unique, the laws are clear on victim rights and compensation. We ensure that a robust claim is filed, backed by strong evidence and documentation, expert/witness testimony, employment records, maintenance records, camera footage if available etc. We make sure that the paperwork is filed within the stated deadlines and at the right venue/jurisdiction.

This leaves you and your family free to focus on your recovery and getting your life back on track.

Toronto Slip and Fall Lawyer: What Precautions Can Be Taken To Avoid Slip And Fall Accidents In Winter 2018-2019?

Winter is the season for holidays, fun and cheer. But it’s also the season to watch out for slips or trips and falls. People in a hurry to complete their Christmas shopping, visit friends and family, catch the New Year sales etc. could encounter icy pavements, slippery streets, wet and slushy entrances or exits in private or public spaces.

Slip or trip and fall accidents can happen in the blink of an eye, but they leave a trail of devastation in their wake if you suffer serious injuries. Some injuries may appear minor initially, but the damage could turn out to be much more after a lapse of time. Though these are termed “accidents” the truth is that they’re rarely accidental. They are often caused by someone else’s fault or negligence.

If you or a dear one suffers serious injuries in a slip and fall or trip and fall accident, get in touch with a lawyer near you as soon as possible. You may be entitled to compensation.

Typical Reasons for Slip/Trip and Fall Accidents

According to the Canadian Centre for Health and Safety (OSH), more than 60% of these accidents happen on level ground. The rest involving tripping/slipping and falling from a height. There is a difference between “slip” and “trip.”

Slips typically involve reduced traction between the walking surface and the feet/footwear. They are usually caused by oily or wet surfaces, liquid spills, freshly-mopped or washed floors, unanchored or loose rugs/carpets/mats, slippery flooring materials like smooth, polished stone etc.

Trips occur when the feet come up against an unexpected obstacle and you lose balance and fall. These are caused by clutter, debris in your path, loose cables/wires, frayed/torn mats/rugs/carpets, bottom drawers left open, unmarked elevation changes, rickety or damaged steps, etc.

You can also slip/trip and fall due to poor visibility, bad weather conditions, puddles of water under aircon units, uneven terrain, lack of lighting, missing hand-rails, lack of warning signs etc.

Common Injuries

The Canadian Institute for Health Information reports that in 2016-17, nearly 654,000 visits to the ER were due to accidental falls. The average length of a hospital stay after a fall was nearly 15 days. A large majority of those victims were senior citizens and many of these accidents happened in winter. However, slip/trip and fall accidents can happen to anyone, at any time. Pregnant women and older people suffer more serious damage, but others are equally at risk.

Other injuries include:

  • Hip fractures are the most common type of injury
  • Tail-bone and wrist fracture
  • Sprains, strains and ligament tear
  • Kneecap fractures
  • Shoulder and arm sprain or fractures
  • Head injuries
  • Injury to neck and spine
  • Facial and dental damage

Prevention

Take your own precautions to avoid slip/trip and fall accidents. Good housekeeping is an essential part of safety. All spills should be wiped up immediately. If floors are wet, warning signs should be prominently displayed. Ensure that there is no clutter or debris in aisles or walkways. Conduct repairs and inspections regularly to fix potential problems early. Maintain the premises properly with good lighting. Pedestrians should slow down and stay alert. Report hazards immediately. Wear proper footwear and modify any slippery surfaces with anti-skid mats. Carry a flashlight at night.

Who Is Liable?

Slip/Trip and fall accidents cause a host of physical, financial and emotional problems for victims and their families. The injured person may have to undergo treatment and/or hospitalization and rehabilitation. They are unable to work and may lose their earning capacity if the injuries are serious. Medical and rehabilitation bills cause further distress, while the emotional trauma and shock of the accident cause further pain and suffering.

Since these accidents are caused by someone’s fault or negligence, it’s important to establish who is responsible for them. Under Ontario’s Occupier’s Liability Act, property owners or those in charge like managers are responsible for ensuring the safety of all legitimate visitors to premises under their direct or indirect control. They have a duty of care to keep the premises safe, undertake repairs and replacements, post warning signs and conduct regular inspections and maintenance. If this duty is breached, they can be held liable for the injuries caused.

When And Why You Need An Injury Claim Lawyer

Most of us assume that the at-fault party will readily compensate us for our injuries. We may also expect our own medical insurance or accident insurance coverage to reimburse us for our expenditure. However, insurance companies, even your own, need not always act in good faith. They may deny, delay, dismiss or dispute your claims.

This is where your trusted lawyer in Brampton or your trusted lawyer in Toronto can help you. As the Most Rated injury lawyer in 2018, we have the knowledge, expertise and skills to help you to put together a robust claim. Such cases hinge on several factors like proving ownership of the property, establishing the chain of liability, proving negligence, providing evidence of injuries caused by this accident and also demonstrating their impact on your life.

This is why you need to get the help of an injury lawyer to claim your insurance. You may also need to know how to find information for your injury claim. We offer a free, initial, no-obligations consultation that enables us to provide the right advice and assistance. Based on our assessment, we can safeguard your rights and entitlements and conduct independent investigations to assemble a strong case.

How Telematics in Your Car can help your personal injury lawsuit in 2018-2019?

With automobile technology growing at an amazing pace, the impact is being felt across various sectors. One of the front-line trends is the use of telematics in your vehicle to create a blend of computer systems and communications.

These systems are similar to “black boxes” in airplanes and they provide information about driving behaviors. The sector that most benefits from such information is the insurance industry, because it provides useful clues in case of accidents, making fault determination more objective and easier.

If you or a dear one has been injured in a motor-vehicle accident, get in touch with a lawyer near you. You may be entitled to compensation and one of the pieces of evidence to establish that the other party was at fault or negligent can be the telematics feature in their vehicle.

What Are Telematics Systems?

This technology is used primarily for providing user-based insurance policies. Installing this feature allows the insurer to tailor the insurance policy based on driving behaviors and patterns of that particular driver. The data is recorded each time you take your vehicle out. Telematics tracks, records and evaluates:

  • Distance
  • Time of day that the vehicle was driven
  • Driving behavior including acceleration, braking and turning

These systems were first introduced in Canada in 2013. They are endorsed by the Canadian Automobile Association. There are two approaches that have been adopted:

  1. The vehicle-owner installs a device given by the insurance-company in the car’s diagnostic port. This device transfers relevant information to the insurer or a designated third party.
  2. The vehicle-owner downloads an app on their phones which transmits the required data to the designated party. Separate data is transmitted for different drivers.

This provides the insurance company with the data necessary to assess the risks. Drivers who display safe and better habits can save anywhere between 10-25% on premiums. There have been certain concerns about the functioning of the app and its use, but for people with high premiums telematics could be the way to save a few bucks.

Privacy Concerns

The collected data is subject to very strict policies regarding privacy and confidentiality. It should be used by the insurers only to assess driving patterns based on the three factors of time, distance and behavior. All programs are regulated by the Financial Services Commission of Ontario and the insurance regulator. The insurance policy provided must be compliant with the Personal Information Protection and Electronic Documents Act.

When and Why You Need An Injury Lawyer?

In spite of these new technologies, accidents can and do happen. Unfortunately, they’re usually caused by someone’s fault or negligence. The injured victims and their families face enormous physical, financial and emotional burdens. Typically, the injured person is unable to work and earn an income due to the nature and extent of their injuries. Hospitalization, medical and rehabilitation costs can cause a serious financial crisis. If the injuries are permanent or long-term, this causes further hardship. Added to these, there is huge emotional pain and suffering as well.

Based on the injuries, their impact on life and the extent of negligence/fault, the injured are entitled to seek compensation, among other categories, for:

  • Income loss
  • Medical and rehabilitation expenses
  • Property damage
  • Disfigurement
  • Disability
  • Loss of life enjoyment
  • Wrongful death

Under certain conditions, family members can also claim compensation under the Family Law Act.

Ontario regulations require all drivers to possess insurance. Under the law, victims can avail of the no-fault, statutory accident benefits scheme where the settlement is paid by their own insurance company. Additionally, victims can also file a personal injury claim against the at-fault driver with the help of an experienced lawyer near you.

In both cases, it’s wise to get the help of an injury lawyer to claim your insurance. This is because insurance-companies, even your own, may not always act in good faith. They are for-profit organizations focused on prioritizing their own business interests. Hence they may delay/deny/dispute/dismiss your claim for various technical reasons. If you have suffered long-term or permanent injuries, or there are multiple parties involved in the accident, the chain of liability is unclear, and/or the insurers refuse settlement or engage in unfair tactics, it’s essential that you have the advice, assistance and advocacy of the most rated injury lawyer in 2018.

Since there are several complex medical, legal and insurance issues involved in the claims process, your trusted lawyer in Toronto or your trusted lawyer in Brampton can help to get the full settlement that you deserve. We also help to protect your rights and entitlements and help you on how to find information for your injury claim.

How To Find The Best Lawyer For Your Injury Claim?

Ensure that you get a satisfactory and successful outcome by hiring the right personal injury lawyer. When you want to know how to find the best lawyer in Brampton or how to find the best lawyer in Toronto:

  • Get recommendations from trusted sources like friends, family or work-colleagues.
  • You can also browse through law-firm websites and cross-check the testimonials, reviews and reputation.
  • Their track-record of successful settlement is a deciding factor.
  • You need a lawyer/law-firm that specializes in personal injury claims similar to yours.
  • Insurance-companies take your claim seriously when they know that you’re represented by the best.

They should also have the resources to fund your case on a contingency-fee basis. Personal injury cases require extensive and intensive preparation, independent investigations, access to traffic and police records, getting expert witnesses and also building a robust claim with the right documentation, medical evidence etc. These involve costs to be borne initially by the lawyer/law-firm and will be adjusted against the final settlement.

Off-roading 2018 – 2019: Challenges and Risks

Canadians across the country are passionate about sports and life in the great outdoors. Off roading is a popular sport in summer, but the onset of winter doesn’t mean putting your ATV into cold storage for those three or four months. Remember, these beasts are designed to power their way through any kind of terrain, no matter what the season. Canadian trails are delightful whatever the weather – and winter brings its own set of gorgeous landscapes like snowy forests, iced-over rivers and frozen lakes. There are lots of clubs who encourage winter ATV challenges and all that passionate off-roaders have to do is sign up and set out. However, as your trusted lawyers in Brampton and your trusted lawyers in Toronto, we recommend that it’s important to know and follow the rules before you take your vehicle out.

Ontarians find these vehicles exciting and they’re very popular among all age groups. However, a new trend is being seen where these off-road vehicles are being driven on city roads and public highways. This carries its own set of risks because the vehicle is essentially designed and built for off-road conditions.

Is it Legal to Drive Off-Road Vehicles on Highways in Ontario? 

The Ontario Ministry of Transportation amended some of the rules regarding use of ATV and ORV (off-road vehicles) in 2015. Certain types of ATVs and ORVs were allowed to ply on the shoulder of public roads, subject to permission. The ministry also published a handbook entitled Smart Ride Safe Ride which describes these amendments in detail, including where to drive the vehicle, who is permitted to drive it, the road rules that must be followed and also how to drive these vehicles in a safe manner.

The new amendments also change the definition of ATV to include different types of SUVs and SxS vehicles. An ATV is described as a single-rider vehicle with four wheels in contact with the ground, with the seat and handlebars, and designed only for one rider. If the vehicle has one passenger seat designed for a pillion rider, with foot-rests separate from those of the rider. Other definitions describe vehicles like multi-purpose utility vehicles, recreational off-road vehicles, etc.

The municipal rules remain the same. This means that you can ride on Highways 500 – 899, certain designated 7000 series highways, or those with lesser traffic. The rules also specify which highways and roads ATVs are not permitted on. There is also a list of highways that you are not permitted to cross. Riders cannot enter private property without the consent of the property owner. It is also prohibited to enter a property when the gate is closed, unless the owner gives permission. Avoid disturbing natural habitat of marine life, flora and fauna.

Speed restrictions for ATVs and ORVs is 20 km/h on roads with speed limit of 50 km/h or less. When the speed limit is 50 or more, you need to stay at 50 km/h or below. Municipalities can set their own speed limits.

On-road driving must always be in the direction of the traffic, on the designated shoulder of the road, with head and tail lights on.

Are there any driver restrictions? 

There are very strict rules regarding who can drive these vehicles. Today, many parents allow young children to operate them but this is a risk not only to their own safety but also to that of other road users.

On-road riders should be at least 16 years old, they must have a valid G2 or M2 license. Passengers cannot be under age 8. Both riders and passengers must wear approved motorcycle helmets, with chin straps. They should also use seat-belts if available. If the ATV is towing a trailer, there should be no passengers in the trailer. The vehicle should comply with environmental rules prevalent in the province and not cause any harm, injury or damage to property, flora or fauna. It should not cause any harm or disturbance due to pollution, noise, emissions, dust etc.

These rules also apply to the far northern regions of Ontario. In southern Ontario, many areas still don’t permit riding ATVs on public roads in spite of the new amendments.

However, as off-road riders know, it is important for them to have access to fueling stations, food and water and health care facilities on the roads. They usually undertake long trips, so they also need proper accommodation. One of the spin-offs of allowing the legal use of off-road vehicles is that the local tourism industry can get a huge boost in many areas.

When And Why You Need An Injury Lawyer?

If you or a dear one has been injured in an accident involving an off-roader vehicle, get medical attention, no matter how minor you consider your injuries to be. Common injuries include limb fractures, head, neck, spine and brain injury, facial and dental damage, internal bleeding, organ damage, fractured ribs, etc. Collect as much evidence as you can in the form of photos, touch base with witnesses and get their contact information. Next, contact us, the most rated injury lawyer in 2018 immediately. Get help of an injury lawyer to claim your insurance.

How To Find Information for Injury Claims?

Use the services of a lawyer near you. Inform your insurance company. Most expenses are covered under the Ontario Health Insurance Plan, (OHIP) but it may not cover expenses for medications, loss of income or certain types of long term costs. All ATVs have to carry insurance, and some of them may be covered under the driver’s auto insurance policies.

You need to get the help of an injury lawyer to claim your insurance and we can help you through the entire claims process. The settlement is based on the nature and extent of your injuries, the circumstances of the claim and the negligence/fault of the other driver.

Accident Hot Spots On Ontario Highways

Recent reports released by the Ministry of Transportation of Ontario have been alarming. More than 14 accidents have already been reported on Highway 138 as of April 2018. This highway is an important link between 401 and 417 and has heavy traffic. There are several points along this route that are hazardous and where serious accidents have taken place.

Motor-vehicle accidents happen for various reasons, but not all of them are truly accidental. They are mainly caused by someone’s fault or negligence. Drunken or drug-impaired driving, speeding, aggressive or distracted driving, inexperienced or aged drivers, failing to notice or obey warning signs etc are some of the main reasons. Unfortunately, the injured victims in such cases and their families stand to bear enormous physical, financial and emotional consequences. Loss of income and wages, medical and rehabilitation expenses and the prolonged experience of pain and suffering take a heavy toll. Victims are entitled to seek compensation through statutory no-fault benefits or they can institute a personal injury claim against the at-fault party. There may be multiple parties involved in such cases and it may be difficult to establish the correct chain of responsibility. Insurance companies who must make the payments may not act in good faith – they may deny/dismiss/dispute/delay your claim. They may also try to fob you off with meager settlements that do not take care of your present and future needs.

An experienced Toronto personal injury lawyer with experience in handling such cases can help you to safeguard your rights and achieve the compensation you rightfully deserve.

Bicycle Accidents Impact Your Life

Toronto personal injury lawyers Singh Barristers offer timely help for cyclists injured in motor-vehicle accidents. We understand that besides pedestrians, bicycle riders are among the most vulnerable of road users. Under Ontario’s Highway Traffic Act, they are treated on par with pedestrians, which means that they enjoy right of way. However, not all motorists respect these rights. Though cyclists may ensure that they use all the available safety gear like helmets, reflective clothing, knee guards etc and follow traffic rules meticulously, when their bicycles collide with a larger vehicle like a car or truck, it’s they who sustain the maximum injuries. Traumatic brain injury, spinal and back injuries, internal bleeding and organ damage, neck injuries, facial and dental damage, amputation etc are some of the possible injuries that cyclists suffer.  Apart from physical injuries, such accidents cause a range of financial and emotional losses too. If you or a dear one has been injured in such an accident, get emergency medical help immediately, no matter how minor you feel your injuries are.

Once this has been taken care of, contact our experienced and dedicated bicycle accident lawyers without delay. Apart from statutory benefits available through your own insurance coverage, you are also entitled to seek full compensation from those whose negligence or fault caused the collision. We have the experience, expertise and knowledge to help you and your family through this crisis. Our dedicated legal team can safeguard your rights and ensure that you get the best medical treatment. We also have the financial resources to help you tide over the difficult times. Speak to a Toronto personal injury lawyer at Singh Barristers now.

Delayed Head Injury Symptoms: What Should You Do?

Accidents can result in a variety of injuries. These may range from simple cuts, bruises, lacerations, sprains etc to broken bones, traumatic brain injury, amputation, disfigurement or even death. In some cases, the person may feel that they have escaped without a scratch. After a gap of time, there may be certain changes that cause concern. Sometimes the injured person may not notice them, but friends, family or co-workers may recognize the changes. Investigations could reveal serious brain injuries that prevent the person from working and earning a living, but insurance companies may deny or dispute your claim.

In the case of motor-vehicle accidents, a statute of limitations exists within which claims can be pursued. The accident has to be reported immediately or within 24 hours if the police did not arrive. Your own insurance-company should be informed within 7 working days. The at-fault party/parties have to be notified within 120 working days and a suit must be filed within two years. There are time limits to pursue appeals if claims are denied. If you suffered head injuries following a slip and fall accident in a public place, the municipality has to be informed within 10 days of the accident. Instituting a personal injury suit has to be done within two years. There are different rules for disability claims and death. Ensure that you get immediate medical treatment and follow all instructions carefully. Get as many details about the accidents and witnesses as possible. Toronto personal injury lawyer can help you get the compensation you rightfully deserve and also protect your rights.

Has Your Long Term Disability Claim Been Denied?

Brampton personal injury lawyers Singh Barristers understand how devastating it is when your long term disability claim is denied by insurers. This can be overwhelming and depressing for the entire family. Dealing with the enormous physical, financial and emotional consequences of a serious accident that left you unable to work or enjoy life as you used to can be a totally unexpected bolt from the blue.

Though monetary compensation can never replace what you lost, it certainly makes life more comfortable for you and your dear ones. You can afford to get the professional care, medical attention and therapies you need, your family need not suffer from financial troubles due to lost income/wages and getting some help from an attendant or caregiver gives you and your family the badly needed respite. But when insurance companies deny, delay, dismiss or dispute your claim, you need help from an experienced long term disability lawyer. There are several complex medical, legal and insurance issues involved, huge amounts of paperwork and documentation, deadlines to be met and processes to be followed. Getting the right help leaves you free to concentrate on recovering your health and strength and remain in a peaceful, stress-free state of mind.

There are various reasons why claims are denied. Incomplete or inaccurately filled application forms, not filed in time, lack of medical evidence, not being under the proper care of the right doctor etc are some of the common reasons. Speak to a Brampton personal injury lawyer at Singh Barristers to help you get the compensation you rightly deserve.